Remove A Director From Company Within 2 Days!

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Remove A Director From Company Within 2 Days!

There must be a minimum of two directors in each & every private company. The private company possesses the right to remove a director, when caught in any kind of incompetence, stated according to the Act, absenting them from board adherence for a period of greater than 12 months of time.

If it is making arrangements/ agreements in violation of the section 184 restrictions, it gets prevented from doing the same through court order or when found guilty of a felony along with sentencing for more than 6 months imprisonment. So, it is possible to remove or even add the director from the company at any point in time.

Reasons why there is removal of director from company

Procedure to remove a director from company

Identifying reason for removal of director

Checking the AOA( Article of Association) of company

Sending notice to the director for proposed removal along with reasons for the same

Conveying of board/shareholders meeting with director’s removal within the agenda item

Proposing a resolution to remove a director and voting for the same.

Filing necessary documentation

What documentation is needed for removal of director?

Process to remove a director

Specific procedures must be followed for dismissing data of the director from MCA( Ministry of Corporate Affairs). Here are steps to remove a director from the company:

Issuance of special notice U/S 115 according to Companies Act, 2013

Issuance of notice to company members

Intimidating proposed director to be removed from the board of the company

Convening general meeting for removal of director

Chance to proposed director to be heard

Submitting DIR-12 to ROC within 1 month

Intimidating appointment of director under condition of casual vacancy

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Frequently Asked Questions

There is the possibility of removing the director in 3 distinct ways:

During the absenteeism of the director from board meetings for almost a year. Through shareholders, when it is deemed to be crucial

Yes, a firm possesses the complete right to remove any of its directors from the board. However, there is a specific procedure of conducting the same. When the company’s management decides Suo- moto for removing a designated director from the firm, then it is referred to as the process to remove a director.


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