Removal of Directors

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    The Director himself Where gives his resignation

    The concerned director who submits their resignation to the Board. In this case, some  steps will be taken to remove his name from the of directors register:

    1. By giving seven days of clear notice, The company who will hold a Board Meetings (Clear notice means 21 days notice excluding the day on which the notice was sent and received).
    2. When the Board meeting will be held, they will discuss the amongst themselves and decide what to accept in the resignation or not.
    3. Once the Board will be accepts the resignation of the director then they will be pass a Board resolution which is accepting the resignation in the following format:
      • “RESOLVED THAT” the resignation of someone which will be and it is accepted with the immediate effects.
      • “FURTHER RESOLVED THAT” the Board places on the record its appreciation for the assistance and guidance which are provided by someone in during his tenure as Director of the Company”
      • “RESOLVED FURTHER THAT” the directors of the company will be and who are the jointly authorized to do all types of the acts. He deeds and things which are the necessary of the resignation of aforesaid person from the directorship of any other  Company.
    4. After passing out of the resolution, the form DIR – 11 which has to be filed by an director & submit it along with the Board Resolution. With Proof of delivery of the resignation letter and copy of the resignation letter will be given.
    5. While the filing of DIR – 11 is the responsibility of the directors, form The DIR – 12 is the responsibility of a company which has to be filed with any Companies Registrar submit it along with the Resignation letter and the Board Resolution.
    6. After filing all types of forms, the directors name will be removed from the master data of a Company on the Ministry of Corporate Affairs website.

    How To remove a Director’s suo-moto

    When a Company which has the authority to remove the Director who is passing by an Ordinary Resolution. By giving the Director who was not appointed by the Central Government or the Tribunal.

    1. Then a Board Meeting will be called by giving seven days’ of notice to all the directors. About the removal of the director, a special notice will be goes to the directors who will be informing them.
    2. On the that day of the Board Meeting, a resolution for the holding of an extraordinary general meeting who will be passed along with the resolution for the removal of the director’s subject which is approved of a shareholder.
    3. A type of general meeting which will be held by giving 21 days clearence notice. In theat meeting, the members will be asked to vote on these matter. If any type of majority, it is in favour of any decision, the resolution will be passed.
    4. Before the passing of the resolution, an opportunity is held which will be heard and given to the all directors.
    5. After the passing of the resolution, then the same procedure will be followed. The forms DIR – 11 and The DIR – 12 which will be filled along with the same attachments of the Board Resolution and The Ordinary Resolution.
    6. After the filing of the forms, the director’s name will be struck off from the website of Ministry of Corporate Affairs.

    When the Director does not attend three Board Meetings in a row then what occurred?

    As per the section 167 of the Companies Act, 2013 if a Director who does not attend any Board Meeting since 12 months, then starting from the day. When any director was absent at the first board meeting, even after giving all the due notices for the all meetings it will be deemed that he has been vacated in the office and a Form of The DIR – 12 will be filed on his name & then his name will be removed from the website of The Ministry of Corporate Affairs.

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