Director Removal for Absence

kings22 (Shareholder) (136 Points)

01 December 2021  

One of our Private Limited Directors has not attended the last 4 Board meetings for about 1.5 years. He was given proper notices for all the meetings.

As per section 167 of the Companies Act, 2013 if a Director does not attend a Board Meeting for 12 months, starting from the day on which he was absent at the first board meeting even after giving due notice for all the meetings, it will be deemed that he has vacated the office and a Form DIR – 12 will b filed on his name and his name will b removed from the Ministry of Corporate Affairs.

1 - Can we go ahead and file a DIR-12 Form to remove him or do we need to follow any process?

2- Are there any online services we can use that can file this DIR-12 form for us with a CS? 

2- If we don't remove him now, and he joins the next meeting, can we remove him later using his absence in these 4 meetings? 

Thanks for any guidance.