Relevant Provisions
• Section 152(5) of the Companies Act, 2013
• Rule 8 of the Companies (Appointment and Qualification of Directors) Rules, 2014
Explanation
A person in order to be appointed and act as a director:
• shall first give his consent to hold the office as the director;
• such consent has to be filed with the ROC within 30 days of his appointment.
A consent is a voluntary act and not a compulsion.
The consent to act as a director:
• must be furnished in writing to the company;
• must be given on or before his appointment;
• must be in the format as prescribed in Form DIR-2.
Consent Format
• Section 152(5) of the Companies Act, 2013
• Rule 8 of the Companies (Appointment and Qualification of Directors) Rules, 2014
Explanation
A person in order to be appointed and act as a director:
• shall first give his consent to hold the office as the director;
• such consent has to be filed with the ROC within 30 days of his appointment.
The consent to act as a director:
• must be furnished in writing to the company;
• must be given on or before his appointment;
• must be in the format as prescribed in Form DIR-2.
Consent Format
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]
................................... (Name of the company)
................................... (Address of the company)
Subject: Consent to act as a director.
I, ..................................., hereby give my consent to act as director of ................................... (name of the company), pursuant to sub-section (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a director under the Companies Act, 2013.
1. Director Identification Number (DIN): ...................................
2. Name (in full): ...................................
3. Father’s Name (in full): ...................................
4. Address: ...................................
5. E-mail id: ...................................
6. Mobile no.: ...................................
7. Income-tax PAN: ...................................
8. Occupation: ...................................
9. Date of birth: ...................................
10. Nationality: ...................................
11. No. of companies in which I am already a Director and out of such companies the names of the companies in which I am a Managing Director, Chief Executive Officer, Whole time Director, Secretary, Chief Financial Officer, Manager.
12. Particulars of membership No. and Certificate of practice No. if the applicant is a member of any professional Institute. Specifically state NIL if none.
2. Name (in full): ...................................
3. Father’s Name (in full): ...................................
4. Address: ...................................
5. E-mail id: ...................................
6. Mobile no.: ...................................
7. Income-tax PAN: ...................................
8. Occupation: ...................................
9. Date of birth: ...................................
10. Nationality: ...................................
11. No. of companies in which I am already a Director and out of such companies the names of the companies in which I am a Managing Director, Chief Executive Officer, Whole time Director, Secretary, Chief Financial Officer, Manager.
12. Particulars of membership No. and Certificate of practice No. if the applicant is a member of any professional Institute. Specifically state NIL if none.
Declaration
I declare that I have not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years. I further declare that if appointed my total Directorship in all the companies shall not exceed the prescribed number of companies in which a person can be appointed as a Director.
Signature: .......................
Designation: .......................
Designation: .......................
Date: .....................
Place: ....................
Place: ....................
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