Manage corporate changes with confidence.

A DIN, a valid Digital Signature Certificate, and a signed DIR-2 consent to act. They also give a DIR-8 declaration confirming they are not disqualified under Section 164. If the appointee has no DIN, it is applied for in DIR-3 alongside the appointment. Once the board approves, DIR-12 is filed within 30 days and the register of directors is updated.

Broadly: an undischarged insolvent, someone convicted of an offence with a sentence of six months or more in the last five years, someone disqualified by a court or tribunal order, and — the one that catches ordinary businesses — anyone who was a director of a company that failed to file its annual returns or financial statements for three consecutive financial years. That last one disqualifies them for five years across all companies, not just the defaulting one.

File DIR-11 yourself. It is the director’s own intimation of resignation to the Registrar, filed within 30 days, and it exists precisely for this situation — it puts your resignation on the public record independently of whether the company cooperates. Keep proof that the resignation letter was actually delivered to the company, since DIR-11 requires it.

A private company needs at least two directors, a public company three, and an OPC one. An LLP needs at least two partners, of whom two must be designated partners, and at least one designated partner must be resident in India. If a resignation would take you below the minimum, the appointment of the replacement has to be arranged so the entity is never short — otherwise the vacancy itself becomes a default.

The board can appoint an additional director between general meetings, but that appointment only lasts until the next AGM. At the AGM the members either appoint them as a director properly or the appointment lapses. The regularisation is a change of designation, filed in DIR-12 — and forgetting it is a common way companies end up with someone acting as a director who is not legally one.

Usually two. Form 4 records the partner or designated partner change itself, and Form 3 records the amended LLP agreement setting out their contribution and profit share. Both are due within 30 days. The supplementary deed also attracts state stamp duty, which varies by state and is billed at actuals.

The MCA filing updates the corporate record, but it does not propagate anywhere else. You will separately need to update the bank mandate and authorised signatories, the GST registration where the director is an authorised signatory, and any licence that names the director. We flag which of these apply to you as part of the handover.

Yes, subject to conditions. A foreign national can hold a DIN and be a director, with passport-based documentation that is apostilled or notarised as required. What is fixed is the residency rule: a company must have at least one director who stayed in India for 182 days or more in the previous financial year, and an LLP must have at least one resident designated partner.