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Removal of director from office

Tanveer Md Masood (Indispensable) (361 Points)

16 September 2012

DEAR EXPERTS,

MY QUESTION IS CAN A DIRECTOR BE REMOVED FROM HIS OFFICE FOR NOT ATTENDING BOARD MEETINGS FOR OVER A YEAR????FOR INSTANCE THERE WERE AROUND 96 BOARD MEETINGS HELD AND HE MADE IT TO ONLY 3 BOARD MEETINGS- IS HE ELIGIBLE TO REMAIN IN OFFICE???

PLEASE SHARE YOUR THOUGHTS.

REGARDS,

TANVEER MD MASOOD

CALCUTTA

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3 Replies

CA Vineet Dubey (Accounts) (160 Points)
Replied 16 September 2012

yes,send special notice ,give appotunity to such director, and remove by passing resolution.

Tanveer Md Masood (Indispensable) (361 Points)
Replied 16 September 2012

DEAR MR.DUBEY..

ARE YOU SURE OF YOUR REPLY?????

AS PER SEC.283 OF THE COMPANIES ACT,1956 , A DIRECTOR CAN BE REMOVED IF THE FOLLOWING CONDITIONDS ARE MET:

IF HE ABSENTS HIMSELF FOR 3 CONSECUTIVE BOARD MEETINGS , OR

FROM ALL BOARD MEETINGS SINCE THE INCOPRPORATION OF THE COMPANY, WHICHEVER IS LONGER

WITHOUT GIVING LEAVE OF ABSENCE TO THE BOARD,

THEN ONLY A DIRECTOR CAN BE RMOVED FROM OFFICE.

REGARDS,,

TANVEER MD MASOOD.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 18 September 2012

Under section 283 of the Companies Act, 1956 the office of a directo shall become vacant if he absents from threee consecutive Board Meetings or from all the meeting of the Board for a continuous period of three months, whichever is longer, without obtaining leave of absence.

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