Form DIR-8: Meaning, Due Date, Section 164 & Format (MCA)

Form DIR-8 is the prescribed intimation by a director of disqualification, if any, under Section 164 of the Companies Act, 2013. Rule 14(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014 — as amended with effect from 23 January 2023 — requires every director to inform the company, in Form DIR-8, about disqualification under Section 164(1) or Section 164(2), if any, before he is appointed or re-appointed.

DIR-8 due date

The Rules do not fix a calendar date such as 30 April. The statutory trigger is before appointment or re-appointment. Re-appointment at an AGM is therefore a DIR-8 event. Many companies also collect DIR-8 at the first Board meeting of the financial year together with MBP-1 so the auditor has a current Section 164 position. Treat that annual collection as governance practice unless your counsel advises that a particular re-appointment is already covered.

What Section 164 covers

Section 164(1) lists personal disqualifications (for example unsound mind, undischarged insolvency, and prescribed convictions). Section 164(2) disqualifies a person who is or has been a director of a company which has not filed financial statements or annual returns for any continuous period of three financial years, or which has failed to repay deposits, redeem debentures, or pay declared dividend as specified, with the failure continuing for one year or more — with ineligibility for five years from the date of that failure, for re-appointment in that company or appointment in another company.

DIR-8 format and DIR-9

Use the prescribed Form DIR-8 (the form was substituted by the Companies (Appointment and Qualification of Directors) Amendment Rules, 2023). DIR-8 is given to the company; it is not DIR-2 (consent), DIR-3 KYC, or DIR-12. If DIR-8 intimates a disqualification, Rule 14(1A) requires Form DIR-9 to the Registrar within thirty days of receiving that information. Confirm the live MCA form and instruction kit before you treat a particular DIR-8 as a DIR-9 trigger. A NIL declaration is retained with the company’s records.

How CoSecOffice prepares DIR-8

CoSecOffice generates Form DIR-8 from the director master for appointment, re-appointment, or the annual Board pack. Download Word for signature, note receipt in the minutes, and review before issue.

Frequently asked questions

This article is informational and is not legal advice. Confirm the current Companies Act, 2013, Rule 14, the prescribed Form DIR-8, and MCA portal instructions before you issue or file anything.

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