Remove director from a privated limited company
11 months ago
Need to remove a director who has 70% share in the company (my sister) another director 30% share ( my mother)
Need to remove my sister from the company who has absconded with a boy and also filed a complaint fir too she has made huge debts on us and we are thinking she would take loans and company too and we should pay it so what's the procedure for it remove the director she is been missing over for a month
A.Hi client,
This is an extremely important step, to be taken. The removal procedure especially of a designation of highest rank. The clauses of the Company's MOA and AOA is to be determined. Contact an advocate who specializes in company matters.
Initially you can send a legal notice.
This is an extremely important step, to be taken. The removal procedure especially of a designation of highest rank. The clauses of the Company's MOA and AOA is to be determined. Contact an advocate who specializes in company matters.
Initially you can send a legal notice.
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A.Dear Sir,
Get police reports about missing complaint and accordingly pass a resolution officially removing your sister from directorship and inducting any other person as new director and send a report to the concerned company registration office. Take help from your company auditor or chartered accountant or secretary of the company.
Get police reports about missing complaint and accordingly pass a resolution officially removing your sister from directorship and inducting any other person as new director and send a report to the concerned company registration office. Take help from your company auditor or chartered accountant or secretary of the company.
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A.Out of two Director one having 70% share in Company absconded leaving huge debts in market . In that situation you may get in touch with the concerned office of ROC who may guide you to resolve the matter in compliance of governing laws.
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A.Hello,
hereinbelow i have mentioned the procedure
Suo Moto Take off of Director by the Board :
By complying with Section 169 of the Companies Act, 2013, the company has the power to dismiss a director suo moto by issuing a special notice.
Steps for Removal of a Director From a Company
A specific process must be followed to dismiss a director’s data from the Ministry of Corporate Affairs (MCA). The Steps for removing directors is outlined below.
Step 1: Issue of Special Notice U/S 115 of Companies Act, 2013
The first step is to publish a special notice under Section 115 of the Companies Act of 2013. Special notice must be issued at least 14 days prior to the meeting, except for the day on which the notice does serve, according to Section 115 of the Companies Act, 2013.
Step 2: Issue of Notice to Members of the Company
The second step is to notify all of the company’s members via notice to members, just as it would in the case of a general meeting. The company should make certain that notice is sent to all of its shareholders.
Removal of director
Step 3: Intimation to the Proposed Director to be Removed
Once the company informs the shareholders via an issue of notice, the third step is sending an intimation to the proposed director to be removed from the company’s board.
Step 4: Convene a General Meeting for the director’s removal
The fourth and most vital step is convening a general meeting for approval of at least 90% of shareholders for the expulsion of the proposed director in the general meeting and proceeding further for removal.
Step 5: Opportunity for the right to be heard
Once shareholders agree in a general meeting to dismiss a director, the concerned director must be given a chance to be heard before being eliminated from the company’s management and control board.
Step 6: Filling out Form DIR-12 with ROC
Once a shareholders meeting is called, the next phase is to notify the Registrar of Companies (ROC) by submitting form DIR-12 to the ROC within 30 days of the meeting’s conclusion.
Documents to be attached with DIR-12
Board Meeting CTC
The General Meeting adopted a CTC of Ordinary Resolution.
The director’s copy of the Special Notice will be removed.
General Meeting Notice with Explanatory Statement
Notice was sent to the director in question.
Step 7: Director’s appointment in case of casual vacancy
When any director is removed, it is obvious that a casual vacancy arises due to his removal, so any company needs to fill this casual vacancy simultaneously with the removal.
Step 8: Appointment of director due to casual vacancy to be intimated
Once a company makes provision for the appointment of a new director due to a casual vacancy, it is vital to inform ROC in e-form DIR-12 about his appointment within 30 days from the date of a general meeting.
For better clarity reach out to an advocate.
hereinbelow i have mentioned the procedure
Suo Moto Take off of Director by the Board :
By complying with Section 169 of the Companies Act, 2013, the company has the power to dismiss a director suo moto by issuing a special notice.
Steps for Removal of a Director From a Company
A specific process must be followed to dismiss a director’s data from the Ministry of Corporate Affairs (MCA). The Steps for removing directors is outlined below.
Step 1: Issue of Special Notice U/S 115 of Companies Act, 2013
The first step is to publish a special notice under Section 115 of the Companies Act of 2013. Special notice must be issued at least 14 days prior to the meeting, except for the day on which the notice does serve, according to Section 115 of the Companies Act, 2013.
Step 2: Issue of Notice to Members of the Company
The second step is to notify all of the company’s members via notice to members, just as it would in the case of a general meeting. The company should make certain that notice is sent to all of its shareholders.
Removal of director
Step 3: Intimation to the Proposed Director to be Removed
Once the company informs the shareholders via an issue of notice, the third step is sending an intimation to the proposed director to be removed from the company’s board.
Step 4: Convene a General Meeting for the director’s removal
The fourth and most vital step is convening a general meeting for approval of at least 90% of shareholders for the expulsion of the proposed director in the general meeting and proceeding further for removal.
Step 5: Opportunity for the right to be heard
Once shareholders agree in a general meeting to dismiss a director, the concerned director must be given a chance to be heard before being eliminated from the company’s management and control board.
Step 6: Filling out Form DIR-12 with ROC
Once a shareholders meeting is called, the next phase is to notify the Registrar of Companies (ROC) by submitting form DIR-12 to the ROC within 30 days of the meeting’s conclusion.
Documents to be attached with DIR-12
Board Meeting CTC
The General Meeting adopted a CTC of Ordinary Resolution.
The director’s copy of the Special Notice will be removed.
General Meeting Notice with Explanatory Statement
Notice was sent to the director in question.
Step 7: Director’s appointment in case of casual vacancy
When any director is removed, it is obvious that a casual vacancy arises due to his removal, so any company needs to fill this casual vacancy simultaneously with the removal.
Step 8: Appointment of director due to casual vacancy to be intimated
Once a company makes provision for the appointment of a new director due to a casual vacancy, it is vital to inform ROC in e-form DIR-12 about his appointment within 30 days from the date of a general meeting.
For better clarity reach out to an advocate.
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