Removing a director from a company requires compliance with legal procedures based on the reason for removal, whether it is voluntary resignation, disqualification, or board/shareholder resolution. At Avyud Consultancy, we simplify the entire process, ensuring a seamless and legally compliant transition. Our expert team provides tailored solutions, handling documentation, filings, and regulatory requirements with precision. We offer transparent pricing, fixed charges, and service level guarantees to meet your business needs. With deep industry expertise, we ensure that director removal is executed efficiently while safeguarding your company’s interests. Let Avyud Consultancy streamline your compliance journey today!
Remove Directors Services in Purnia, Bihar
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Reason for Remove Directors from Company
The memorandum of incorporation (MOI) determines the minimum number of directors and alternate directors, which, in the case of a private company may not be less than one director. A customized MOI will also set out the eligibility requirements for a director as well as the directors’ term of office. In the case of a standard MOI, the term of office is indefinite and there is no restriction on the number of directors. New directors may be elected by the Board of Directors when there is a vacancy or the company wishes to add directors. Vacancies on the board arise if a director:
- Resigns or dies
- Ceases to hold the office, title, or designation in the company that entitles the person to be an ex officio director,
- Becomes incapacitated or disqualified or is removed.
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Procedure to Remove Director from Company
A director may be removed by:
An ordinary resolution is adopted at a shareholders’ meeting by the persons entitled to exercise voting rights in the election of that director. The director concerned must be given notice of the meeting and the resolution, at least equivalent to that which a shareholder is entitled to receive, regardless of whether the director is a shareholder. The director must be afforded a reasonable opportunity to make a presentation in person or through a representative to the meeting before the resolution is put to a vote.
A resolution of the board because it has determined that the director in question has become ineligible or disqualified in terms of section 69 of the Act, is unable to perform the functions of a director and is unlikely to regain that capacity within a reasonable time or has neglected or been derelict in the performance of the functions of a director.
An order of the court confirming the resolution of the board or removing the director from office if the court is satisfied that the director is ineligible or disqualified, incapacitated, or has been negligent or derelict.
A director may be appointed by the Board of Directors, unless the Memorandum requires shareholder approval.
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FAQs for Remove Directors Services
How can a Director of a Company be Removed?
A director can be removed in three ways:
- By the director resigning
- On being absent from the meetings of the Board of Directors for 12 months
- By the shareholders, if they deem it necessary.
How Long does it Take to 'Remove The Director'?
A member making a motion to dismiss must provide ‘Special Notice’ of a motion to remove a director at least 28 days prior to the meeting at which the director may be ousted.
Can a Director Resign Himself from The Company?
Yes, a director resigns himself from the company.
One Director can Remove Another Director?
Under the Companies Act, 2013, in a private company, a shareholder can appoint a director, so ideally only they have the right to remove the directors. However, in proprietary companies, the removal of a director can be initiated by a majority of directors if the Constitution allows it.
Can You Remove a Director Without Their Consent?
Yes, the directors of the company can be removed without their consent. However, such removal requires a strict procedure to be followed.
Can the Resignation of The Director be Rejected?
As per section 168 of the Companies Act 2013, the administration has no right to reject the resignation submitted by the director.
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