As per Companies Law of 2013,a Limited Company is required to have a minimum of three Directors and a Private Limited Company is required to have a minimum of two Directors. On the other hand, a LLP has Designated Partners and Limited Liability Partnership Act, 2008 has made it mandatory for each LLP to have a minimum of two Designated Partners.
Directors are appointed based on the mutual discussion of shareholders of a Company for uninterrupted management of Company. The addition or removal of any Director or Designated Partners may be required due to various reasons.
So, keep a note of below points while adding or removing a director in a company:
1) A person must be at least 18 years old to be added as a director.
2) Foreign nationals can also become directors in an Indian Company.
3) The individual should have DIN which is allotted by MCA in case of adding a director.
4) Proper discussions and resolutions have to be passed on in board meetings for the process of accepting directors and accepting resignations of the going directors.
To add a Director, he/she should have DSE and DIN numbers with them. Once the Digital Signature and DIN number both are obtained, the proposed Director can be added to the Company.
To remove a Director from a Company or LLP, the entity or company should make sure that the Company or LLP would have the minimum required number of Director or Designated Partner even after removal process of the Director. In that case, the resignation letter along with the required documents should be filed to process the resignation of the Director.
For effecting any change in LLP following points must be kept in mind:
A resolution has to be passed for any effective changes in LLP.
A supplement agreement should be executed as well.