Companies (Appointment and Qualification of Directors) Amendment Rules, 2023

The Ministry of Corporate Affairs (“MCA”) issued the Companies (Appointment and Qualification of Directors) Amendment Rules, 2023 which is effective from January 23, 2023 amending the Rule 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014

Existing Rule	Amended Rule
Rule (14) (1) Every director shall inform to the company concerned about his disqualification under sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed.	Rule (14) (2) Every director shall inform to the company concerned about his disqualification under sub- section (1) or section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed
Rule (14) (5) Any application for removal of disqualification of directors shall be made in Form DIR-10.	Rule (14) (5) Any application for removal of disqualification of directors shall be made in Form DIR-10 and filed before the Regional Director

Further, new sub-rule (1A) was inserted which is produced below:

Whenever a company receives the information in form DIR-8, the Company shall within thirty days of such receipt file form DIR-9 with the Registrar of Company.

On mere reading it is evident that the Company is required to file the form DIR-9 as an when the Company received the form DIR-8 from the Director concerned.

In Companies Act, 2013 it is an onus either at time of appointment and/or annually to provide the declaration from the Director's concerned seeking the confirmation that they are not disqualified to continue as Director in the Company in form DIR-8

Though on going through the form DIR-9, it is understood that the said form can only be filed in case of disqualification only.

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