Before appointing a director, the company should not only check experience and availability. It should check disqualification, DIN status, declarations and whether the appointment can create downstream filing risk.
Section 164 deals with disqualifications for appointment of director. A company should treat this as a pre-appointment diligence item, not a post-filing discovery.
| Check | Evidence |
|---|---|
| DIN status and identity | MCA/DIN and KYC records. |
| Self-declaration of non-disqualification | Signed declaration from proposed director. |
| Default / conviction / order-linked disqualifications | Declaration and legal review where red flags exist. |
| Other directorships and conflicts | List of companies/LLPs and interest disclosure. |
| Board paper note | Record that appointment diligence was performed. |
This article is intentionally source-limited to official MCA / India Code material. Verify final filing positions with the latest Act, Rules, MCA forms and portal advisories before publishing.
Section 164 deals with disqualifications for appointment of director.
Yes. A signed non-disqualification declaration and supporting checks should be part of appointment file.
No. DIN status is only one control; disqualification, conflicts and disclosures also matter.