The process for the appointment of a director in a company and a partner in a Limited Liability Partnership (LLP) in India involves certain legal procedures and compliance with regulatory requirements. Here’s a general overview of the steps for each:
Appointment of Director in a Company:
- Eligibility:
- Ensure that the person being appointed as a director is eligible under the Companies Act, 2013, and meets the requirements specified in the articles of association of the company.
- Board Resolution:
- Hold a board meeting to pass a resolution for the appointment of the director. The resolution must specify the terms of appointment, if any.
- Consent and Declaration:
- Obtain the consent of the proposed director to act as a director and a declaration stating that he/she is not disqualified to become a director.
- DIN (Director Identification Number):
- If the proposed director doesn’t have a DIN, apply for it through the Ministry of Corporate Affairs (MCA) portal.
- Filing Form DIR-12:
- File Form DIR-12 with the Registrar of Companies (RoC) within 30 days of the appointment. Attach the necessary documents, including the board resolution and consent of the director.
- Update Company Records:
- Update the statutory registers and records of the company with the details of the newly appointed director.
Appointment of Partner in an LLP:
- Eligibility:
- Ensure that the person being appointed as a partner meets the eligibility criteria specified in the Limited Liability Partnership Act, 2008.
- Partnership Agreement:
- Refer to the LLP Agreement to understand the process and conditions for appointing a new partner. The agreement usually outlines the rights, duties, and responsibilities of partners.
- Resolution by Partners:
- Pass a resolution at the partners’ meeting to approve the appointment of the new partner.
- Consent and Agreement:
- Obtain the consent of the proposed partner to act as a partner and ensure that the LLP Agreement is amended accordingly.
- DIN or DPIN (Designated Partner Identification Number):
- Obtain a DIN or DPIN for the proposed partner. If the partner already has a DIN, it can be used for the LLP.
- Filing Form 4 and Form 3:
- File Form 4 (Notice of appointment of partners) and Form 3 (Information with regard to LLP agreement and changes, if any) with the Ministry of Corporate Affairs (MCA).
- Update LLP Records:
- Update the LLP records and registers with the details of the newly appointed partner.
- Intimation to RoC:
- Inform the RoC about the changes within 30 days of the appointment by filing the necessary forms.
Please note that the specific requirements and forms may vary based on the circumstances and the type of company or LLP. It’s advisable to consult with a legal professional or company secretary to ensure compliance with the latest regulations and to address the specific needs of your business.
