TaxTMI 
TaxTMI 
Chapter XI - The Companies (Appointment and Qualification of Directors) Rules, 2014.
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....les may be called the Companies (Appointment and Qualification of Directors) Rules, 2014. (2) They shall come into force on the 1^st day of April, 2014. 2. Definitions.- (1) In these rules, unless the context otherwise requires, - (a) "Act" means the ; (b) "Annexure" means the Annexure to these rules; (c) "digital signature" means the digital signature as defined under clause (p) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (d) "Director Identification Number" (DIN) means an identification number allotted by the Central Government to any individual, intending to be appointed as director or to any existing director of a company, for the purpose of his identification as a director of a company: Provided that the Director Identification Number (DIN) obtained by the individuals prior to the notification of these rules shall be the DIN for the purpose of the Companies Act, 2013: Provided further that "Director Identification Number" (DIN) includes the Designated Partnership Identification Number (DPIN) issued under section 7 of the Limited Liability Partnership Act, 2008 (6 of 2009....
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.... later than immediate next Board meeting or three months from the date of such vacancy whichever is later. Explanation.- For the purposes of this rule, it is hereby clarified that the paid up share capital or turnover, as the case may be, as on the last date of latest audited financial statements shall be taken into account. 4. Number of independent directors.- The following class or classes of companies shall have at least two directors as independent directors - (i) the Public Companies having paid up share capital of ten crore rupees or more; or (ii) the Public Companies having turnover of one hundred crore rupees or more; or (iii) the Public Companies which have, in aggregate, outstanding loans, debentures and deposits, exceeding fifty crore rupees: Provided that in case a company covered under this rule is required to appoint a higher number of independent directors due to composition of its audit committee, such higher number of independent directors shall be applicable to it: Provided further that any intermittent vacancy of an independent director shall be filled-up by the Board at the earliest but not later than imme....
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....; (h) the occupation; (i) full Address with PIN Code (present and permanent); (j) phone number; (k) e-mail id; (l) the educational and professional qualifications; (m) experience or expertise, if any; (n) any legal proceedings initiated or pending against such person; (o) the list of limited liability partnerships in which he is or was a designated partner along with - (i) the name of the limited liability partnership; (ii) the nature of industry; and (iii) the duration- with dates; (p) the list of companies in which he is or was director along with - (i) the name of the company; (ii) the ....
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....tending to propose a person as a candidate for the post of small shareholders' director shall leave a notice of their intention with the company at least fourteen days before the meeting under their signatures specifying the name, address, shares held and folio number of the person whose name is being proposed for the post of director and of the small shareholders who are proposing such person for the office of director: Provided that if the person being proposed does not hold any shares in the company, the details of shares held and folio number need not be specified in the notice: (3) The notice shall be accompanied by a statement signed by the person whose name is being proposed for the post of small shareholders' director stating - (a) his Director Identification Number; (b) that he is not disqualified to become a director under the Act; and (c) his consent to act as a director of the company (4) Such director shall be considered as an independent director subject to , his being eligible under sub-section (6) of section 149 and his giving a declaration of his independe....
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.... allotment of a Director Identification Number (DIN) along with such fees as provided in the Companies (Registration Offices and Fees) Rules, 2014. (2) The Central Government shall provide an electronic system to facilitate submission of application for the allotment of DIN through the portal on the website of the Ministry of Corporate Affairs. (3) (a) The applicant shall download Form DIR-3 from the portal, fill in the required particulars sought therein and sign the form and after attaching copies of the following documents, scan and file the entire set of documents electronically- (i) photograph; (ii) proof of identity; (iii) proof of residence; (iv) verification by the applicant for applying for allotment of DIN in Form DIR-4; and (v) specimen signature duly verified. (b) Form DIR-3 shall be signed and submitted electronically by the applicant using his or her own Digital Signature Certificate and shall be verified digitally by - (i) a chartered accountant i....
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....o them under these rules. (6) The Director Identification Number so allotted under these rules is valid for the life-time of the applicant and shall not be allotted to any other person. 11. Cancellation or surrender or Deactivation of DIN.- The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received from any person, cancel or deactivate the DIN in case - (a) the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number; (b) the DIN was obtained in a wrongful manner or by fraudulent means; (c) of the death of the concerned individual; (d) the concerned individual has been declared as a person of unsound mind by a competent Court; (e) if the concerned individual has been adjudicated an insolvent: Provided that before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual; (f....
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....dividual is a director is situated. (4) The concerned individual shall also intimate the change(s) in his particulars to the company or companies in which he is a director within fifteen days of such change. 13. Notice of candidature of a person for directorship.- The company shall, at least seven days before the general meeting, inform its members of the candidature of a person for the office of a director or the intention of a member to propose such person as a candidate for that office- (1) by serving individual notices, on the members through electronic mode to such members who have provided their email addresses to the company for communication purposes, and in writing to all other members; and (2) by placing notice of such candidature or intention on the website of the company, if any: Provided that it shall not be necessary for the company to serve individual notices upon the members as aforesaid, if the company advertises such candidature or intention, not less than seven days before the meeting at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office of the company is situated, and circulatin....
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.... in full; (d) father's name, mother's name and spouse's name(if married) and surnames in full; (e) date of birth; (f) residential address (present as well as permanent); (g) nationality (including the nationality of origin, if different); (h) occupation; (i) date of the board resolution in which the appointment was made; (j) date of appointment and reappointment in the company; (k) date of cessation of office and reasons therefor; (l) office of director or key managerial personnel held or relinquished in any other body corporate; (m) membership number of the Institute of Company Secretaries of India in case of Company Secretary, if applicable; and (n) Permanent Account Number (mandatory for key managerial personnel if not having DIN); (2) In addit....
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....¾à¤— II - खणà¥à¤¡ 3 ( i ) ] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण Name of the Date of Date of Nature of job or Organisation joining leaving responsibilities or or Company duties performed D. Details of Board positions 1. List of companies in which directorship held during the past five years 2. Number of current directorships held 3. Number of current memberships of Board committees held E. Other information, if any, considered relevant Part - B: Changes in the information or particulars, if any, to be given subsequently (a) Earlier Information or particulars given vide Form (b) New information or particulars Date: Place: Signature: Name: dated 43 44 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] Form DIR-2 Consent to act as a director of a company [Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014] To -(Name of the company) · (Address of the company) Subject: Consent to act as a director. ....
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....ax PAN are incorrect, applicant is advised to first correct the details in Income-tax PAN. Refer instruction kit for details. In case of foreign nationals, Passport number is mandatory. 1. 'Applicant's name (Enter full name and do not use abbreviations) (a) First name (b) Last name (C) Middle name 2. Father's name (Even married women must give father's name) (a) First name (b) Last name Photograph (C) Middle name 3 Whether a citizen of India 4 Nationality ☠Yes No 5. Whether resident in India o Yes o No (Attach a latest passport size photograph by clicking on above box) Remove Photograph 6. (a) Occupation Type o Self-employed o Professional o Homemaker o Student o Serviceman Area of Occupation If 'other' selected, specify (b) Educational qualification 7. *Date of birth (DD/MM/YYYY) 8. Gender o Male o Female o Transgender 9. Place of birth 10. Income-Tax permanent account number 11. Voter's identity card number 12. Passport number Verify Income-tax PAN detalls 13. Driving license number [ à¤à¤¾à¤— II - खणà¥à¤¡ 3 (i)] à¤à¤¾à¤°à¤¤ à¤....
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....legibly attached to this form; ☠[1 “I have kept a copy of this form and attachments thereto, In my records for future reference. “it is understood that I shall be liable for action under Section 449 of the Companies Act, 2013 forwrong certification, if any found at any stage. “To be digitally signed by Category DSC BOX In case of chartered accountant or company secretary or cost accountant (In whole time practice) Membership Number Certificate of Practice Number Whether Associate or feilow o Associate o fellow In case of company secretary (in whole time employment) or director of existing company la which the applicant is proposed to be director DIN of the Director or membership number of Company Secretary CIN of company with which secretary or director is associated and in which applicant is proposed to be a director Name of company Note: Attention is drawn to provisions of Section 448 and 449 which provide for punishment for false statement / certificate and punishment for false evidence respectively. Musty Check Form For office use only: eForm Service request number (SRN) Dig....
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....Appointment and Qualification of Directors) Rules, 2014] 1. Applicant's name (Enter full name and do not use abbreviations) (a) First name: (b) Last name: (c) Middle name: 2. DIN of the applicant: 3. Reasons for surrender of DIN: Photograph 4. Income-tax permanent account number: (mandatory for Indian nationals) (Details of the applicant shall be as per Income-tax PAN) 5. And any one of the following a. Voter's identity card number b. Passport number c. Driving licence number d. UID 6. Permanent residential address: (a) Address Line I Line II (b) City (c) State (d) Country (e) Pin code (f) Phone (g) Fax (h) E-mail ID 7. Whether present residential address is same as permanent residential address: â—‹ Yes 0 No à¤à¤¾à¤— II-खणà¥à¤¡ 3 (i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 8. Present residential address: (previous residential address, if not residing at the present residential address for more than 1 year) (a) Address Line I Line II (b) City (c) State....
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....fication Number (DIN) Pro-fill (b) Name 2. Type of change: Г Director ☠Date of birth Voters Identity card number ☠E-mail ID/ Mobile Father's name Gender Passport number Nationality Income-tax PAN ( ) Driving license number Permanent residential address Present residential address ☠Residential Status Photograph of Director Aadhaar number Verification as per Form No. DIR.4 ☠Verification as per Form No. DIR.7 Enter information that needs to be corrected. Enter only the relevant field(s) 3. Director's name(Enter full name and do not use abbreviations) (a) First name (b) Last name (c) Middle name 4. Father's name (Even married women must give father's name) (a) First name Photograph (Attach a latest passport size photograph by clicking on above box)(Refer instruction kit for details) Remove Photograph (b) Last name (c) Middle name 5. Whether a citizen of India Yes No 6. Nationality 6A. Whether resident in India () Yes No 7. Date of birth (DD/MM/YYYY) 8. Gender Male Female o Transgender 9. Income tax PAN Verify deta....
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....t a copy of this form and attachments thereto, in my records for future reference. *It is understood that I shall be liable for action under Section 448 of The Companies Act, 2013 for wrong cer- tification, if any found at any stage. *To be digitally signed by *Category *Whether associate or fellow O Associate O Fellow * Membership Number *Certificate of Practice Number Modry Check Form Prescrutiny Submit Note: Attention is drawn to provisions of Section 448 and 449 which provide for punishment for faise statement / certificate and punishment for faise evidence respectively. For office use only: eForm Service request number (SRN) Digital signature of the authorising officer This e-Form is hereby approved This e-Form is hereby rejected Date of signing Affix filing details eForm filing date Confirm Submission (DD/MM/YYYY) OR (DD/MM/YYYY) This e-Form has been taken on flie maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the company. 56 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] Form DIR 7 Verification ....
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....d rule 14(1) of Companies (Appointment and Qualification of Directors) Rules, 2014] Registration No. of Company Nominal Capitai Rs.. Paid-up Capital Rs. Name of Company__ Address of its Registered Office_ Το The Board of Directors of I son/daughter/wife of resident of director/managing director/manager in the company hereby give notice that I am/was a director in the following companies during the last three years:- Name of the Company Date of Appointment Date of Cessation 1...... 2...... I further confirm that I have not incurred disqualification under section 164(2) of the Companies Act, 2013 in any of the above companies, in the previous financiai year, and that I, at present, stand free from any disqualification from being a director. or à¤à¤¾à¤— II - खणà¥à¤¡ 3 ( i ) ] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 59 I further confirm that I have incurred disqualifications under section 164(2) of the Companies Act, 2013 in the following company(s) in the previous financia....
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....47 ]!--Gº 3(i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण FORM NO. DIR.11 [Pursuant to proviso to section 168 (1) of The Companies Act, 2013 and rule 16 of the Companies (Appointment and Qualification of Directors) Rules, 2014] सतà¥à¤¯à¤®à¥‡à¤µ जयते Form language (Radlo button) o English o Hindi Refer the instruction kit for filing the form. Notice is hereby given that I, the director of M/s Notice of resignation of a director to the Registrar have resigned from the office of director of the company with effect from the details of which are given below: 1. Details of the company (a) *CIN (b) GLN (c) Name of the company (d) Registered office address (e) Email ID of the company 2. Details of the director resigning from such company (a) *Director Identification Number (DIN) (b) Name 3. (a) * Date of appointment (b) *Designation (c) *Category (d) *DIN of the director to whom the appointee was alternate Name of the original director 4. (a) *Date of filing of re....
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....aging Director or director of the company Director identification number (DIN) Name Father's name Present residential address Pre-fill Nationality Date of birth Gender ☠Appointment Cessation Change in designation Designation Date of appointment or change in designation Category Pre-fil 65 669 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] Whether chairman, executive director, non-executive director Chairman Executive director Non-executive director Pre-fill DIN of the director to whom the appointee is alternate Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is e-mail ID of director In case of cessation Director Managing Director is not associated with the company (DD/MM/YYYY) due to Hereby confirmed that the above mentioned with effect from Interest in other entities Number of such entities *CIN/LLPIN/FCRN/Registration number *Name *Address Nature of *Designation ineterest Persentage of Shareholding Amount Others (specify) Pre-fill 6. Number of mana....