Frequently Answers & Questions
Here are some frequently asked questions (FAQs) regarding key company management processes in India:
1. How do I add a director to my company?
A: To add a director, you need to file Form DIR-12 with the Ministry of Corporate Affairs (MCA), submit the director’s consent through Form DIR-2, and obtain a Digital Signature Certificate (DSC) for the new director. Additionally, the director must have a valid Director Identification Number (DIN). Ensure that the changes are also updated in the company’s Register of Directors.
2. What is the process for removing a director from my company?
A: Removing a director requires filing Form DIR-12 with the MCA, submitting a board resolution or shareholders' resolution, and updating the company’s Register of Directors. You must also notify the removed director and update any other relevant records, such as the company's statutory filings.
3. How can I transfer shares in my company?
A: To transfer shares, you must execute a share transfer deed (Form SH-4) and update the company’s Register of Members. Both the transferor and transferee must sign the deed, and the transfer must be approved by the board of directors. Once approved, the new shareholder’s details should be recorded in the Register of Members.
4. What is the procedure for changing the registered office address of my company?
A: Changing the registered office address requires filing Form INC-22 with the MCA, along with proof of the new address, such as a lease agreement or utility bill. You must also update the new address in the company's statutory records and notify the MCA about the change. Ensure that the new address is reflected in all official documents and correspondence.
5. How can I reactivate a deactivated Director Identification Number (DIN)?
A: To reactivate a DIN, you need to submit an application to the MCA through Form DIR-3K (for DIN reactivation). The application should include reasons for the deactivation and any required documentation. Once the application is processed and approved, the DIN will be reactivated.
6. What steps are involved in obtaining company strike-off clearance?
A: To strike off a company, you must first ensure all liabilities are settled and obtain a No Objection Certificate (NOC) from creditors, if applicable. File an application for strike-off using Form STK-2 with the MCA, and submit a declaration of solvency along with final financial statements. Upon review and approval, the MCA will issue a strike-off order, formally dissolving the company.
These FAQs provide a streamlined overview of the essential processes for managing company affairs, ensuring compliance with regulatory requirements, and maintaining accurate records with the MCA.
