Change a director
How is a director, or an LLP partner, changed?
Private, public, OPC and section 8. The Registrar changes with the district. The form does not.
The short answer
A company files DIR-12 within 30 days, in every State. An LLP does not. An LLP files Form 4 for a partner or designated partner.
The State does not change the form. The vehicle does.
VerifiedAct-sourced — Sections 152, 161, 164, 168 and 170.
Section 152. Active DIN, KYC done, and not disqualified under section 164.
Step by step
1
Clear the person
The DIN is active, KYC is done, and section 164 does not disqualify. Take DIR-2 and DIR-8.
2
Pass the resolution
Shareholders appoint. The board appoints an additional director only if the articles allow it, and only until the next AGM.
3
DIR-12
Within 30 days. The same form in every State. A public company and a section 8 company use it too.
4
Sign, upload, pay
A director or the professional submits the web form at mca.gov.in as a business user. The SRN appears in My Application. Download the PDF, sign it with the DSC already associated to the DIN, DPIN, PAN or membership number on the form, upload that PDF against the same SRN, and pay.
Forms
Papers
- DIR-2 and DIR-8 on an appointment
- Resolution
- Resignation letter on a cessation
Where this filing fails
- A deactivated DIN cannot be appointed.
- The day after a resignation the board must still meet the minimum: two private, three public, one OPC.