Removal of director under the Companies Act 2013

anang shandilya | Last updated: 24 September 2022

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Quick Summary

Removing a director under the Companies Act 2013 involves a specific legal procedure. It begins with a special notice from a member proposing an ordinary resolution, which must be sent to the director. The company then calls a general meeting, providing at least twenty-one clear days' notice, informing members of the special notice and the resolution. The director has the right to make a representation, which should be sent to members or read at the meeting if received late. Finally, the resolution is passed at the general meeting, and Form DIR-12 must be filed with the Registrar of Companies within thirty days.

STEPS FOR REMOVAL OF DIRECTORS UNDER COMPANIES ACT, 2013 A special notice from a member of the company proposing an ordinary resolution for removing the director is necessary. Send forthwith a copy of the special notice to the director proposed to be removed. Decision to call a general

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FAQ :

The first step is a special notice from a company member proposing an ordinary resolution for the director's removal, which must then be sent to the director.

A notice of the general meeting must be issued in writing at least twenty-one clear days before the meeting date.

Yes, the director concerned has the right to make a representation, and a copy should be sent to every member of the company. If received too late, it can be read out at the meeting.

Form DIR-12 must be filed with the Registrar of Companies within thirty days of the removal.

Required attachments for Form DIR-12 include the notice of resignation, evidence of cessation, and details of interest in other entities.