As per Rule 8 (Consent to Act as Director) of The Companies (Appointment and Qualifications of Directors) Rules, 2014 :
Every person who has been appointed to hold the office of a director shall on or before the appointment furnish to the company a consent in writing to act as such in Form DIR-2:
Provided that the company shall, within thirty days of the appointment of a director, file such consent with the Registrar in Form DIR-12 along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
Provided further that in case the person seeking appointment is a national of a country which shares land border with India, necessary security clearance from the Ministry of Home Affairs, Government of India shall also be attached alongwith the consent. ( Inserted by Companies (Appointment and Qualification of Directors) Amendment Rules, 2022 vide MCA Notification dated 01st June 2022)
Revised format given below for your easy reference:
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
I, ______________ hereby give my consent to act as director of __________________________, 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. _________________________
DECLARATION
i. 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.
ii. I further declare that –
I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director. ……
Or
I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director and the same has been obtained and is attached.
Signature: _______________
Date: ______________ Name: _______________
Place: _______________ DIN/PAN: _______________
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