Appointment of New Director

As per Section 149(1): Every Company shall have a Board of Directors Consisting of Individuals as Director. (It is clear to understand from this line that only an individual can be director of company. Some persons have doubt that other than individual can be director or not). According to this section ONLY AN INDIVIDUAL can be director of company. {The Board shall consist of individuals not of other persons like firms, LLP, companies, gods or other legal persons.}

Minimum No. of Directors as per Section 149(1)(a):

– Three in case of Public Company.
– Two in case of Private Company.
– One in case of One Person Company.

Maximum 15 Directors (If company want to appoint more than 15 directors SPECIAL RESOLUTION Required to pass in General meeting)- Procedure {Simple Process of Holding of Extra-Ordinary General Meeting, which we use in other Matters also)

Appointment of directors in private companies as per new law:
The liberty given to private companies to self-regulate the appointment process has, surprisingly, been completely taken away Under Companies Act-2013.
This sounds completely paradoxical, in view of the fact that in case of public companies, they still have the liberty to self-regulate to the extent of one third of the board strength.
Sec 152 (6) (b) provides liberty, but only to public companies, to appoint one third of the total board by a self regulated process. While there was an exception to private companies in Sec. 255 (2) of the 1956 Act, that exception has been dropped while transporting the provisions into the new Act.

It could not be the case that such was the intent of the lawmaker – there is absolutely no case for imposing more stringent regulations in case of private companies, than in case of public companies.