Removal of whole time directro

This query is : Resolved

sandip sharma (Querist)
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26 September 2014 DEAR EXPERT,

CAN WHOLE TIME DIRECTOR REMOVE

1.PASSING BOARD RESOLUTION IN THE BOARD MEETING WHEN TENURE OF WHOLE TIME DIRECTOR COMPLETED.(TENURE DECIDE MOU)
2.OR CAN PASS SPECIAL RESOLUTION IN THE EGM OR EOGM FOR REMOVE WHOLE TIME DIRECTOR

1.ABOVE MATTER THE COMPANY IS DORMANT.
2.COMPANY IS PVT LTD COMPANY,
3.COMPANY NOT RUN ANY BUSINESS ACTIVITY

CAN WHOLE TIME DIRECTOR AFTER REMOVAL REMAIN AS DIRECTOR OF THE COMPAY

Ankur Garg

Ankur Garg (Expert)
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27 September 2014 Yes a WTD can be removed by shareholders under section 169 of the Companies act 2013 by passing an ordinary resolution in the general meeting.

It is not compulsory that a WTD after removal will continue as director. It depends on the language of resolution passed for removal of director..

Thanks

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sandip sharma

sandip sharma (Querist)
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06 October 2014 Dear sir,

if whole time director tenure is completed (i.e. 5 years) can he continue as a whole time director or director with company?

can he automatically vacate from office after completion of his tenure?

Note :- in this case director is appointed as whole time director of the company