Resignation of director

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 June 2016 Dear all,

Kindly guide me how to remove director from the company, as per companies act 2013, if he is unable to attain for 3 consecutive board meeting.

thanks in advance,

Jatin Bajaj

Jatin Bajaj (Expert)

25 June 2016 According to section 167, of the companies act if the director has not attended any meeting during the year i.e. 4 meeting then he has to vaccate the office as per section 167 of the companies act
Following is the procedure to remove the director as per the provisions of section 169 of companies act
A special notice from member of company proposing ordanary resolution to remove director of company
copy of special notice shall be given to the director proposed to be removed.
Hold the Board meeting and pass resolution
issue the notice of general meeting
in the notice of meeting states the facts of representation made by the directors and also send the representation to every member of the company to whom notice of meeting is being sent.
if representation is made too late and it could not be sent to member, director may require that representation shall be read out at the meeting
NCLT on application made by company and person aggrived may dispense with the procedure of sending representation
Hold general meeting and pass OR
cOMPANY HAS TO FILE FORM DIR 12 WITH ROC WITHIN 30 DAYS OF REMOVAL

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