The Director should intimate to Board whether he/she is qualified or disqualified to act as a director of the Company. As per Companies Act, Director should submit intimation for disqualification in Form DIR-8 in first Board Meeting of financial year. Board of Directors needs to take a note of the same and pass the required resolution.
Sample : Form DIR-8 – Intimation by Director
Form DIR-8 comprises of the following details:
- Details of the Company – CIN, Name, Address and Paid up Capital
- Details of the Director
- Residential Status
- Name of Company/LLP in which he/she is a director
- Date of appointment
- Date of cessation
- Declaration that he/she is free from any disqualification for being director of the company
The master data of Company and Director as per the records with ROC is available on the MCA Portal.
A person shall not be eligible for appointment as a director of a company, if —
(a) The director is of unsound mind and stands so declared by a competent court
(b) The director is an undischarged insolvent
(c) The director has applied for insolvency and the application is pending
(d) The director is convicted by a court of any offense and declared imprisonment for not less than six months to a period of five years.
(e) An order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force
(f) He has not paid any calls in respect of any shares of the company held by him.
The Ministry of Corporate Affairs (MCA) undertook the massive step in the past. They began striking off companies for non-compliance as per Section 248 of Companies Act, 2013.
This action by MCA caused a lot of administrative inconveniences. The Companies and the Directors holding multiple directorships had begun looking for remedies to remove the disqualification or active their DIN’s.
Following are the Documents required:
1. Form DIR-2 i.e. consent to act as a director in the format enclosed along with the address and identity proof.
2. Form MBP-1 in the format enclosed and set out the interest of the appointee in other companies.
3. Form DIR-8 (Enclosure-3) providing the intimation of the director as per Section 164 (2) read with Rule 4 of Companies (Appointment and Qualification of Directors) Rules.
4. Proof of shareholding of the Promoters/Shareholders who appoints the new director.
5. Copy of the resolution for the appointment of the new directors along with a copy of the notice and explanatory statement.
6. Apart from the above-mentioned documents, an affidavit given by the new director duly notarized in the format enclosed