Boards are seen as power-centres of a corporate entity. Hence, it is commonly seen that corporate disputes are often invoked out of and revolve around a certain section of shareholders seeking to seize directorship positions favouring the counter-set of shareholder
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It is possible to add or remove a director from the company at any time. There are different reasons why a director is removed and there are three different procedures based on the reason. Irrespective of that, Vakilsearch can help you with removing a director from your company and make the whole process easy for you.
If Director does not attend 3 board meeting in a row
As per section 167 of the Companies Act, 2013 if a Director does not attend a Board Meeting for 12 months, starting from the day on which he was absent at the first board meeting even after giving due notice for all the meetings, it will be deemed that he has vacated the office and a Form DIR – 12 will b filed on his name and his name will b removed from the Ministry of Corporate Affairs.
(1) When the directors tender their resignation.
(2) Director remain absent from the board meetings for 12 months.
(3) Director removal of shareholders.
File form DIR-12 within 30 days from the date of general meeting with following-
(1) Special notice of the shareholders proposes to remove the director.
(2) Notice of general meeting with explanatory statement
(3) Copy of ordinary resolution passed at EGM
(4) Notice sent to director concerned
(1) What is Removal of Director?
(2) Can you remove a company director without their consent?
(3) What is the minimum number of directors in a company?
(4) Who can't be the director of the company?
