Risk: ROC rejection of Form DIR-12 for defective consent sequencing
Correct procedure: Ensure Form DIR-2 is dated on or before the date of the Board Meeting appointing the director.
Risk: Resubmission marked by ROC on Form DIR-12
Correct procedure: Attach clear, self-attested copies of the appointee PAN and residential address proof to Form DIR-2.
Form DIR-2 must be signed by the proposed director and delivered to the company BEFORE the board meeting where the appointment is approved. It is subsequently attached to Form DIR-12 and filed with the ROC within 30 days of the appointment.
The appointee director must enclose a self-attested copy of their PAN Card and a self-attested address proof (such as Aadhaar card, Passport, or Voter ID).
Yes. Section 152(5) applies to all companies and all director appointments. The consent in Form DIR-2 is a mandatory prerequisite before any individual can be appointed to the Board.