Remove Director

Remove Director

    About Service
A company can remove a director if he incurs any of the disqualifications specified under the Act, absents himself from board meetings over 12 months, enters into contracts or arrangements against the provisions of section 184, is disqualified by an order of a court or Tribunal, or is convicted by a court of any offence and sentenced to imprisonment for not less than six months. By ordinary resolution, the director can be removed before the expiry of his period of office, provided he does not hold office for life. Special notice of any resolution to remove a director must be sent by the company to the director concerned. The director (whether or not he is a member of the company) shall be entitled to be heard on the resolution at the meeting.
 Timeline: 5-10 Working days
 Package Inclusions
  • Providing Content for Resolution
  • Providing Content for Special Notice to be sent to the Director
  • Filing of DIR-12
 Documents Required
  • Letter Head for Resolution
  • Special Notice to be sent to Director
  • Reply from Director (if any)
  • Members Approval to remove the Director
 Process Details
  • Ordinary Resolution to be passed for removal of Director before the expiry of his term, provided he does not hold office for life time.
  • Notice to be sent to the concerned Director
  • Reply from Director (if any)
  • Special Notice to be sent for Members' Approval
  • Filing of DIR-12
 Key Advantages
  • A company can remove a director if he incurs any of the disqualifications specified under the Act, absents himself from board meetings over 12 months, enters into contracts or arrangements against the provisions of section 184, is disqualified by an order of a court or Tribunal, or is convicted by a court of any offence and sentenced to imprisonment for not less than six months. By ordinary resolution, the director can be removed before the expiry of his period of office, provided he does not hold office for life. Special notice of any resolution to remove a director must be sent by the company to the director concerned. The director (whether or not he is a member of the company) shall be entitled to be heard on the resolution at the meeting. The company should wait for an explanation from him. If no reply is received, special notice must be given and, through members' approval, director can be removed. File the DIR-12 with the Registrar of Companies. Within 10 to 15 days, the director will be removed.
 FAQs
  1. What are the requirements of becoming a director of a company?
    A Director of a Company must be above the age of 18 and must have a Director Identification Number. The person can be an Indian National or a Foreign National.
  2. What is the procedure for removing a director?
    Director can be removed from the Board of Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority.
  3. What is the minimum number of Directors required for a company?
    A Private Limited Company must have a minimum of two Directors at all times. A Limited Company must have a minimum of three Directors at all times.
  4. What are the documents required for obtaining DIN?
    A Digital Signature, Signed Affidavit from the proposed Director and information about the identity and address of the Director is required.

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