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Any changing in the Board of Directors (BD) of a company is to be made as per the provisions given in the Companies Act 2013, the AOA of the company, and also as per the agreed service agreement, if any. Again, the need for changing director in a company must be duly justified and approved by the shareholders of the company. A change in director means either removing a director from the Board of Directors or appointing a new director as an additional director.
As per Companies Act, 2013, a private limited company and an LLP company must have at least two directors. On the other hand, a public limited company must have a minimum of three directors. In the general cases, a company could have a maximum of 15 directors. Again, a foreign national can also become a director in any of these types of companies in India, provided he/she meets the requirements prescribed for becoming a company director. For making appointment of a new director concerned is the Section 160 of the Indian Companies Act of 2013, while the Section 168 is relevant for getting resignation/removal of a director from the BD of a company.
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