Rules 13 and 14 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 13 says how members are told of a person's candidature for director, and rule 14 sets out how disqualification under section 164 is disclosed and reported using Forms DIR-8, DIR-9 and DIR-10. This article is as amended up to G.S.R. 943(E) dated 31 December 2025 per the MCA e-book. Later amendments should be checked before you rely on it. For help with a disqualified director, see our disqualification and removal of director service.
The company must inform members of a candidature or a member's intention to propose a candidate at least seven days before the general meeting, by individual notice, and on its website if it has one, or alternatively by advertisement in two newspapers. Every director must inform the company of his disqualification in Form DIR-8 before he is appointed or re-appointed; the company files Form DIR-9 within thirty days of receiving DIR-8, and immediately when it fails in the section 164(2) defaults. A removal application goes in Form DIR-10 to the Regional Director.
Rule 13: notice of candidature
The company must, at least seven days before the general meeting, inform its members of the candidature of a person for the office of director, or the intention of a member to propose such a person, by:
- serving individual notices through electronic mode on members who have provided their e-mail addresses to the company for communication purposes, and in writing to all other members; and
- placing a notice on the website of the company, if any.
The advertisement alternative
A proviso says the company need not serve individual notices if it advertises the candidature or intention, not less than seven days before the meeting, at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office is situated and circulating in that district, and at least once in English in an English newspaper circulating in that district.
The rule itself does not mention a deposit. The deposit and the other conditions for a person who is not a retiring director are in the Act: see our post on section 160 of the Companies Act, 2013.
Rule 14: disqualification under section 164
Section 164 sets out the disqualifications. Rule 14 supplies the forms:
| Sub-rule | What it requires |
|---|---|
| 14(1) | Every director must inform the company concerned about any disqualification under section 164(1) or (2) in Form DIR-8 before he is appointed or re-appointed |
| 14(1A) | Whenever the company receives DIR-8, it must, within thirty days of receipt, file Form DIR-9 with the Registrar |
| 14(2) | Where a company fails to file financial statements or annual returns, fails to repay any deposit, interest or dividend, or fails to redeem its debentures, as specified in section 164(2), it must immediately file DIR-9 with the Registrar giving the names and addresses of all the directors during the relevant financial years |
| 14(3) | If the company fails to file DIR-9 within thirty days of the failure that would attract section 164(2), the officers specified in section 2(60) of the Act are the officers in default |
| 14(4) | On receipt of DIR-9 under sub-rule (2), the Registrar shall immediately register the document and place it in the document file for public inspection |
| 14(5) | An application for removal of disqualification is made in Form DIR-10 and filed before the Regional Director |
Sub-rule (1A) and the words in sub-rule (5) about the Regional Director were inserted by the 2023 amendment.
The two DIR-9 triggers
Rule 14 gives DIR-9 two separate occasions, and they are easy to confuse:
- On receipt of a DIR-8 (sub-rule (1A)): the company files within thirty days of receipt.
- On the company's own default (sub-rules (2) and (3)): the company files immediately, and if it does not file within thirty days of the failure, the officers in default are as specified in section 2(60).
Section 164 itself is explained in our post on section 164 of the Companies Act, 2013, and the director's declaration is covered in our guide to DIR-8.
A worked example
Anil Gupta is proposed as a director of Sapphire Engineering Limited. Before he is appointed, he gives the company Form DIR-8 stating whether he is disqualified under section 164(1) or (2). When the company receives it, the company files Form DIR-9 within thirty days. Separately, suppose the company has failed to file its financial statements for the relevant years, a default section 164(2) lists. The company must immediately file DIR-9 giving the names and addresses of all its directors during those financial years; if it has not filed within thirty days of the failure, the officers in default are those specified in section 2(60). A director who wants the disqualification removed applies in Form DIR-10 to the Regional Director.
For the Board-side steps when a director's name has to go on the register and return, see our article on rules 16 to 18; for the previous rules, see DIR-6 and DIN changes.
Need help with disqualification issues?
A missed DIR-9 or an unfiled DIR-8 can fall on the company's officers in default. Our disqualification and removal of director team can review your filing record, prepare the forms and, where needed, prepare the application to the Regional Director.
Key takeaways
- Members must be told of a candidature at least seven days before the general meeting, by electronic or written notice and on the website, or by advertisement in a vernacular and an English newspaper.
- Every director files DIR-8 with the company before appointment or re-appointment.
- The company files DIR-9 within thirty days of receiving DIR-8, and immediately on a section 164(2) default.
- If DIR-9 is not filed within thirty days of the failure, officers in default are those in section 2(60).
- Removal applications go in DIR-10 to the Regional Director.
Read next
- Rules 16-18: DIR-11, the register of directors and DIR-12
- Rules 12A and 12B: DIR-3 KYC and ACTIVE
- DIR-8: non-disqualification guide
- Section 164 of the Companies Act, 2013
Disclaimer: Based on the Companies Act, 2013 rules (and the Companies (Auditor's Report) Order, 2020) named above as consolidated in the MCA e-book (consulted on 3 October 2026), with the later notifications the article names. Later amendments, fees, forms and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.