Permanent Director removal of Pvt Ltd company
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
12 January 2011
While reading the AOA I found the following:
"The three Directors mentioned hereinabove in Article 31 (a) shall be
permanent Directors and shall remain Directors for life or until they
voluntarily resign their office."
With this statement in AOA, still can one of the Director be removed from directorship. Does Section 284 or any other section of company law overrules
whatever is mentioned in AOA.
Pl advise.
"The three Directors mentioned hereinabove in Article 31 (a) shall be
permanent Directors and shall remain Directors for life or until they
voluntarily resign their office."
With this statement in AOA, still can one of the Director be removed from directorship. Does Section 284 or any other section of company law overrules
whatever is mentioned in AOA.
Pl advise.
udit sharma
(Expert)
12 January 2011
Hi...
In my opinion, AOA of a Company cant supercede the Act. Therefore, Permanent Directors can be removed in accordance with the provisions of section 284 of the Companies Act, 1956.
Views of eminent experts are solicited....
God Bless
CS Udit Sharma
In my opinion, AOA of a Company cant supercede the Act. Therefore, Permanent Directors can be removed in accordance with the provisions of section 284 of the Companies Act, 1956.
Views of eminent experts are solicited....
God Bless
CS Udit Sharma
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