Risk: Director appointment becomes void ab initio under Section 164(2)(a)
Correct procedure: Conduct a thorough MCA portal check on all companies where the appointee is a director to confirm annual returns and financial statements are up to date.
Form DIR-8 is a statutory declaration made by a proposed director under Section 164(2) read with Rule 14(1) of the Companies Rules, 2014, confirming that they are not disqualified from acting as a director on account of non-filing of financial statements or default on deposits/debentures in any company.
Form DIR-8 is primarily retained in company secretarial records and placed before the Board at the appointment meeting. While some ROCs request it as an optional attachment to Form DIR-12, its statutory requirement is internal board satisfaction before appointment.
Under Rule 14(1), every director must submit Form DIR-8 before appointment or re-appointment, and annually in each financial year before the close of the financial year.