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Removal of director

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 September 2012 how to remove a director from a pvt co. if he is not ready to sign any document?
should we follow section 284 for this?
pls ans asap its urgent
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Ajay Mishra

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Ajay Mishra (Expert)
05 September 2012 Dear Friend

Sub section(2) of section 255 contains no provision for retirement of directors of private limited company; retirement depends entirely on the provisions in the articles and in the absence of any such provision, the directors are entitled to continue, until removed-S. Labh Singh v. Panesar Mech. Works (P.) Ltd. [1987]

From the above it may be concluded that appointment and retirement of directors of private company are totally govern by the articles. If the articles are silent as to the appointment and retirement of directors, then appointment of directors shall be made by the company in general meeting and they can be removed under section 284 only.


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