Remove Director
Being a Director of a company is a very challenging job. A director is liable to determine the company’s
future. An efficient director can build a business and help grow the company, on the other hand, an
insufficient director can ruin it. A Director can be removed from his/her post before his/her tenure
under Section 169 of the Companies Act, 2013.
Conditions for Removal of a Director
- Director fails to attend three consecutive board meetings
According to section 167 of the Companies Act, 2013 for a period of 12 months a director fails to attend the Board Meeting, starting from the first day on which he/she was absent for the first meeting even though the board send him/her due notice for all meeting. - Removal of director suo-moto by the board
In this scenario , the board organizes a meeting to pass an ordinary resolution in favour of removing the director. The concerned director is given the opportunity to give clarification on before passing the resolution. - When the director himself/herself submits the resignation
In this scenario the resignation is given by the director himself/herself and the Board of Directors decides if they want to accept or decline the resignation. If the resignation is accepted then Board of Directors passes resolution and files the removal of the director with the Ministry Of Corporate Affairs (MCA).
Steps involved in Removing Director
- Notice of Meeting
- Passing of Resolution
- Another meeting
- A chance to be heard
- Form DIR-11 & DIR-12
- Removal of name
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