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Kajol Mathur & Associates

Practicing Company Secretaries

All about Form DIR-8 : Intimation by Director regarding Disqualification

  • Writer: Kajol Mathur
    Kajol Mathur
  • May 6
  • 2 min read

Form DIR-8

✅ Purpose of Form DIR-8


Form DIR-8 is a declaration given by a Director to the Company stating that he/she is not disqualified from being appointed or continuing as a director under Section 164 of the Companies Act, 2013.


It ensures that only eligible individuals are appointed or reappointed as directors in the company.



📜 Legal Provisions


  • Section 164(2) – Disqualifications for appointment of director

  • Rule 14 of Companies (Appointment and Qualification of Directors) Rules, 2014

  • Form prescribed: DIR-8



🧾 Who Must Submit DIR-8?


All Directors.


📅 When is DIR-8 Submitted?

Occasion

Timeline

At time of appointment

Before the Board Meeting approving appointment

At the time of re-appointment

Before the Board Meeting approving appointment

1st Board Meeting

Before the first Board meeting of the Financial year.



📄 Contents of DIR-8


The director must declare that he/she:


  • Is not disqualified under Section 164(1) or Section 164(2).

  • List of Companies where the Director is/was a Director/Managing Director/Manager in the previous 3 years.



🖊️ Filing and Signing


  • Form DIR-8 is an internal document; not filed with ROC.

  • It is submitted by the Director to the Board of the Company.

  • Must be dated & signed by the Director giving the declaration and must be preserved by the Company.



🗂️ Storage and Record-Keeping


  • The company must retain a copy in its records.

  • Must be referenced in the Board resolution appointing/re-appointing the director.

  • Useful for verifying Director eligibility while filing DIR-12.



⚠️ Consequences of Non-Compliance


If a disqualified person continues as director:

  • Appointment is void

  • The office of Director vacates under Sec 167 .

  • Shall be liable to a penalty of fifty thousand rupees, and in case of continuing failure, with a further penalty of five hundred rupees for each day during which such failure continues, subject to a maximum of three lakh rupees in case of a company and one lakh rupees in case of an officer who is in default under Sec 172.



📌 Key Points


  • DIR-8 + MBP-1 are mandatory disclosures from every director.

  • It complements DIR-12, which is the ROC filing of the director’s appointment.

  • No fees are applicable since it is not a ROC filing.



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