02 September 2009
a private company having three directors, out of which one is settled permanently outside India, wants to remove a director who is the one out of the two which are residing in India. how it can do so?
The relevant section is section 284 of the companies act, 1956. By passing an ordinary resolution by shareholders in the general meeting such director may be removed.
03 September 2009
But these 3 directors are the only shareholders of the company. out of which the Director residing out of India is having the majority of shares and showing her unwillingness to come to India. then kindly tell me the solution of the same
05 September 2009
the query is that if out of 3 directors if one who is also a member, having majority of shares is residing ouside India.and the company want to remove the other director. company is having 3 directors and 3 members. now as per your answer if company want to pass any resolution in the EGM or AGM the company is required to have suuficient votes. same is in the case of appointment of alternate director, BM requires Quorum. the case is a real one.
10 September 2009
agree with expert. Dont drag the board meeting in the picture. Also to hold a general meeting the person residing outside India need not attend, bz the company has quoram to hold the general meeting. so 2 members(also directors)can convene GM by giving notices etc and can remove the 3rd director.
CAclubindia
