A Private Limited Company having 3 directors, in the 3 Directors, 2 Directors only having the Shares. Now the 3rd Director who doesn't have any shares in the company to be removed. 3rd Director is not attending any meetings of company, and 3rd Director is not willing to resign directorship from the company and he is asking money for giving resignation letter. Now what is the Procedure to remove that 3rd Director from the Company and what are the formats and forms to be filed with ROC.
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How to remove a director of pvt ltd as per comp. act 2013 ??
Replies (2)
Two ways:
1. If he has not attended any meetings in the last 12 months, sec 167 (1)(b) will be applicable...and he will have to vacate his office...otherwise fine/imprisonment will be applicable.
2. Call a General meeting and have him removed.
In both the cases DIR 12 will be applicable.
.procedure to remove the Director from the Company
special notice shall be given by the member of the Company to the Company as well as to the director proposed to be removed
Call the Bopard meeting to discuss the proposal to rmove the director of the Company.
the representation made by the Director of the Company shall be send to each and every membr of the Company
Director of the Company shall be given the equal oppertunity of being heard.
Hold the general meeting and pass the ordinary resolution to remove the Director of the Company
The Company has to file the particulars of removal of Director in Form Dir 12 within 30 days of removal or 30 days of passing ordinary resolution
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