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Director Resignation

BISWAJIT (service) (179 Points)

11 March 2018

If A director denied to give resignation the what to do. please guide

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4 Replies

CS Smreti (cs) (641 Points)
Replied 12 March 2018

he can send a letter to company and attach that letter to form DIR 11 and file it with roc

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Arun Khandelwal (Pracitising Company Secretaries) (57 Points)
Replied 14 March 2018

Generally. it is better if the Directors gives resignation letter by himself to smoothen the process. in case if he does not give, then follow the process of Removal of Directors

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BISWAJIT (service) (179 Points)
Replied 17 March 2018

sir what is the process of removal of directors

Rahul Prajapati (Student) (2282 Points)
Replied 17 March 2018

A Company has the authority to remove a Director by passing an Ordinary Resolution, given the Director was not appointed by the Central Government or the Tribunal.

A Board Meeting will be called by giving seven days’ notice to all the directors. A special notice will go to the directors informing them about the removal of the director.
On the day of the Board Meeting, a resolution for the holding of an extraordinary general meeting will be passed along with the resolution for the removal of the director subject to the approval of the shareholders.
A general meeting will be held by giving 21 days clear notice. In the meeting, the members will be asked to vote on the matter. If the majority is in favor of the decision, the resolution will be passed.
Before the passing of the resolution, an opportunity of being heard will be given to the director.
After the passing of the resolution, the same procedure will be followed, and the forms DIR – 11 and DIR – 12 will be filed along with the same attachments of the Board Resolution, Ordinary Resolution.
After the filing of the forms, the name of the director will be struck off from the Ministry of Corporate Affairs website.