At the current time, a Private Limited Company is every business owner’s first choice. One of the main members of such companies is their directors. Directors play a key role in the management and oppression of the company. There are many types of directors in a company, like independent directors, managing directors, whole-time directors, etc. all of them have different roles and responsibilities, and accordingly, they have been appointed. There are various duties of a director in a private limited company. They are working as the agents of the companies. Under section 166 of the Companies Act, the duties of a director in a Private Limited company have been mentioned. To know more about the directors and their duties, keep reading the blog.
Types of Directors in a Company
Under the Companies Act, many types of companies have been given. One can choose or register one’s entity as per the requirement of one’s business. Some of the most preferred companies under the company law are Private Limited Company, One Person Company and Section 8 company registration. All types of companies have different requirements, like differences in paid-up capital and minimum and maximum number of directors or shareholders. These registered companies offer many advantages and benefits to the business, because of which it has been suggested to the businesses to register themselves. The most relevant position in any company is director. They are the key responsibility holders in a company. Some of the main types of directors are given below:
- Managing director of the company
- Residential directors
- Non-residential directors
- Independent directors
- Whole-time director
- Small shareholders directors
- Women directors are also required
- Additional directors
- Nominee directors of the entity
- Alternate directors must be there
- Executive director
- Non-executive director
What are the Key Duties of a Director in a Private Limited company?
As a key member of the company, there are many duties of a director in a Private Limited Company. Some of the important duties of a director in a Private Limited Company are prescribed under section 166 of the Companies Act of 2013, which are given below:
Not to Exceed Powers
Every registered company needs to work as per the AOA, that is, the Article of Association of the company. Hence, the director must make all the decisions as per the AOA of the company. He or she cannot go beyond that one document of the company. AOA needs to be drafted during the registration of the entity. Everything regarding oppression, management, etc., has been mentioned under the same document.
Achieve the Objective of the Company
Every company is formed with an objective like section 8 companies are formed with the objective of charitable purpose. Directors must have to work towards the pre-decided objective of a company. The purpose of a company cannot be changed overnight. There is the proper procedure for the same. A company can have more than one objective as well. It can vary from company to company.
Best Interest of the Company
While working for the company, a director must not work for his personal interest. He or she must not do certain kinds of work, due to which there will be a conflict between the director’s personal interest and the company’s interest. For any director of the company, the interest of the entity comes first. Hence, a director must work in his best capacity for the interest of the entity.
Compliance with Law
There are various legal as well as financial compliances that must be fulfilled to save your company from the penalties. These compliances include but are not limited to ROC compliances, GST compliances, environment as well as labour law compliances, etc. The director of the company needs to make sure that all these compliances are done and that there will be nothing pending. It is one of the important duties of a director in a Private Limited Company.
Proper Use of Assets
In a company, there are many important tangible as well as intangible assets. Although a company has a separate legal entity, it cannot work itself as it is an artificial person. Hence, the management of assets-related duty is also assigned to the director of the company. Assets of the company must be organised and can be taken care of in the best capacity by the director of the company because it is also one of the duties of a director in a private limited company.
Benefits of Private Limited Company Registration
There are various benefits of registering a private limited company in India, some of which are mentioned or given below:
- Gives any kind of business reliability and the customer trust
- Build credibility in the market
- Offers transparency
- Such kind of entities are enjoying a perpetual succession
- They have separate legal entity status
- Having a distinct identity in the market among the consumers as well as competitors
- In such kinds of entities, shares can be transferred.
- The company can sue and be sued as it is considered a legal entity that has all the rights of a natural person.
- Gets various tax exemptions
- Concession while doing tax and ROC compliances
Conclusion
Running a company is not an easy task. To look after each and everything from management to oppression to compliance of the company took a lot of effort. Directors are responsible for taking care of all of these responsibilities. Directors need to put these efforts in good faith without considering their own interests. All the companies incorporated under the company law are having their own separate legal identity. They are considered artificial persons who have all the rights of a natural person. But the only missing thing is that they cannot make their decisions on their own. That is the reason the same responsibility on behalf of the company has been assigned to its directors. They have various duties as a director of the company. The duties of a director in a private limited company are defined under the company law. To know more about the duties of a director in a private limited company, one can refer to section 166 of the company law.
