removal of director

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devang doshi (Querist)
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02 April 2010 whether a board of director is in capacity to remove any director?

under what section ?

what is the procedure for the same ?

Ankur Garg

Ankur Garg (Expert)
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02 April 2010 Procedure for removal of director is given under section 284 of the companies act, 1956.

Under this section by passing an ordinary resolution of shareholders any director including MD or WTD of the company may be removed.

Ankur Garg

Ankur Garg (Expert)
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02 April 2010 Procedure

First check the provisions of your article in this behalf.

1. Hold a board meeting and pass a board resolution for calling EGM

2. Send notice of EGM to the members and also intimate concerned director.

3. Opportunity of being heard should be given to the concerned director. (Read section 284 carefully).

4. Hold GM and pass ordinary resolution for removal.

5. Pass form 32 for removal of director within 30 days of passing ordinary resolution.

Regards

devang doshi

devang doshi (Querist)
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02 April 2010 sir, whtiout AGM & shareholder , Whether a Board Of Director can remove the director ?

Ankur Garg

Ankur Garg (Expert)
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02 April 2010 No brother it is not possible. You have to pass an ordinary resolution in the GM to remove the director.

Regards

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