Change of Director/Partner

A Change of Director or Partner is the legal process of updating the management of a company or LLP with the Ministry of Corporate Affairs (MCA). It applies when a new director or partner joins, an existing one resigns, is removed, or changes designation. For companies, these changes are generally reported through Form DIR-12, while LLPs use Form 4 and, where applicable, Form 3. Filing the required forms on time keeps your business compliant and ensures MCA records accurately reflect the current management.

A company or LLP can change its directors or partners at any stage, provided it follows the provisions of the Companies Act, 2013 or the LLP Act, 2008. Every appointment, resignation, removal, or designation change must be supported by the necessary resolutions, consent, and statutory forms. Most MCA filings must be completed within 30 days to avoid additional fees and compliance issues.

This service is suitable if you need to:

• Appoint a new director in a Private Limited Company.
• Accept the resignation of an existing director.
• Remove a director through the prescribed legal process.
• Change a director's designation, such as appointing a Managing Director.
• Add, remove, or replace a partner or designated partner in an LLP.
• Update MCA records after a change in company management.

Different business situations require different legal procedures. Whether you are appointing a new director, recording a resignation, removing a director, or changing a designation, each change must be reported to the MCA using the appropriate forms within the prescribed timeline.

Adding a new director requires board approval, the director's written consent in Form DIR-2, and filing Form DIR-12 with the MCA. If the individual does not already have a Director Identification Number (DIN), Form DIR-3 must be filed before the appointment.

When a director resigns, the company records the resignation through a board resolution and files Form DIR-12 within 30 days. The resigning director may also file Form DIR-11 to notify the Registrar directly.

A director can be removed through an ordinary resolution passed by the shareholders in accordance with Section 169 of the Companies Act, 2013. After approval, the company files Form DIR-12 with the MCA to update the records.

If a director's role changes, such as from Director to Managing Director or Whole-time Director, the company must file the applicable MCA forms to record the updated designation.

Change of Partner in an LLP

Changes in LLP partners or designated partners are reported through LLP Form 4. If the LLP Agreement is also amended, LLP Form 3 must be filed. We prepare the required documents, update the agreement where necessary, and complete the MCA filing within the prescribed timeline.

Step 1: Share the details of the proposed appointment, resignation, removal, or partner change.

Step 2: We prepare the required board resolution, consent letters, and supporting documents.

Step 3: If required, we apply for a DIN or DPIN for the incoming director or designated partner.

Step 4: We file the applicable MCA forms within the statutory deadline.

Step 5: After successful processing, we provide the MCA acknowledgment and updated records.

The timeline depends on the nature of the change and document availability. In most cases, the filing process can be completed within 1 to 2 working days after receiving the required documents. Once filed, the MCA generally processes the application within 3 to 7 working days, subject to verification.

• Complete assistance from experienced Chartered Accountants.
• Accurate preparation of resolutions and statutory documents.
• Timely MCA filing to avoid additional fees.
• Support for DIN or DPIN applications where required.
• Compliance with the Companies Act and LLP Act.
• End-to-end assistance until MCA approval.

At AMpuesto, every filing is handled by experienced Chartered Accountants who understand MCA compliance requirements. From preparing resolutions and obtaining director consent to filing the necessary forms, we manage the complete process with accuracy and transparency. Our focus is on timely filing, clear communication, and practical guidance, helping businesses complete director and partner changes without unnecessary delays.