A Director is an individual who is responsible for the management of the company. His/her removal can be done in various ways.
Removal:
A Director is appointed by members by ordinary resolution; similarly he/she can be removed by members by passing an ordinary resolution. But this kind of removal is not possible if the Director is appointed by Tribunal.
Resignation:
A Director himself/herself gives notice of his / her resignation from the post of Director.
- A special notice with the objective of removing a director by a stated number of members of the company has to be moved at least before 14 days before the specific meeting at which it has to move excluding the day on which the notice is presented and the day of the meeting.
- Special notice must be required of any resolution, to remove a director, or to appoint somebody in place of a director so removed, at the meeting at which he is removed.
- On receipt of notice of a resolution to remove a director under this section, the company shall immediately send a copy thereof to the director proposed to be removed, and the director, whether or not he is a member of the company, must be entitled to be heard on the resolution at the meeting.
- The concerned Director should give his response in writing to the company.
- The company shall immediately; after it has received the notice should inform its members by a notice of the resolution in the same way it does at the time of a general meeting. (At least 7 Days of the Meeting)
- A director may resign from his office by giving a notice in writing to the company, and the Board must on receipt of such notice take note of the same, and the company shall intimate the Registrar.
- Must also place the fact of such resignation in the report of directors laid in the immediately following general meeting by the company: But, that a director shall also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation.
- The resignation of a director shall be effective from the date on which the company receives the notice or the date, if any, stated by the director in the notice, whichever is later: But that the director who has resigned shall be liable even after his resignation for the offenses which occurred during his tenure.
- Where all the directors of a company resign from their offices or vacate their offices under section 167, the promoter or, in his absence, the Central Government must appoint the required number of directors who must hold office till the directors are appointed by the company in general meeting.
Documents required for Removal of Director & Resignation:
Removal of Director:
Resignation:
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