DIR-8: Director's Intimation of Non-Disqualification
Prepare the director's intimation to the company that they are not disqualified from being appointed or continuing as a director.
What it is
Under Section 164 of the Companies Act, 2013 and Rule 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014, a director informs the company in Form DIR-8 that they are not disqualified. Disqualification under Section 164(2) arises where a company in which the person is a director has not filed financial statements or annual returns for three continuous years, or has defaulted on deposits or debentures. Section 165 limits a person to 20 directorships, of which not more than 10 can be in public companies.
When it is used
- Before appointment or re-appointment of a director.
- Annually, as many companies obtain it with the MBP-1 disclosures.
- During due diligence of the board.
What the template covers
- Date, director name, DIN, PAN and address
- Nationality
- Company name and CIN
- Total directorships and directorships in public companies
- Whether disqualified under Section 164(2)
- List of defaulting companies, if any
Details you will need
The generator asks for the following. Fields marked with an asterisk in the form are required; the rest can be left blank and filled in later in Word.
Declaration
Date
Director
Director Name; DIN; PAN; Address; Nationality
Filing Company
Company Name; CIN
Directorships
Total Directorships held (all companies); Directorships in Public Companies
Disqualification
Disqualified under Sec 164(2)?; List of Defaulting Companies (if any under 164(2))
Stamp duty, registration and filing
DIR-8 is kept by the company and not filed with the ROC. A director who becomes disqualified must vacate office in all companies, other than the defaulting one, under Section 167. The auditor's report also comments on whether any director is disqualified.
Generate the DIR-8 — Director's Disclosure of Non-Disqualification
Fill in the form and download the draft as a Word file. It is a general template, not legal or professional advice; have it reviewed for your facts before you sign or rely on it.
Need this checked against your facts, or the registration or filing that follows (e.g. the MCA e-form filing)? Contact SKAG and Associates
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Frequently asked questions
Is DIR-8 filed with the ROC?
No. It is given to the company and kept on record.
How many directorships can a person hold?
Up to 20, of which not more than 10 can be in public companies.
What triggers disqualification under Section 164(2)?
Non-filing of financial statements or annual returns for three continuous years, or default on deposits or debentures, by a company of which the person is a director.
This page gives general information for reference only. Laws, stamp duty rates and filing requirements change and differ between States, so confirm the current position for your case. Related: all document templates · free tax calculators · compliance calendar and guides.