How to replace a director who already sent a resignation

Dear All,

Can anyone advice me how to replace a director, having 50% stake and already submitted his resignation? he is not willing to continue because of his own personal problems. Company just started operation in OCT2011 with 2 directors having shares 50% each.

Thank you in advance.

 

Regards

Umesh

 

Replies (6)

Simply hold a board meeting, first appoint additional director u/s 260, then place the resignation of existing director and pass a resolution accepting the same and file form 32 respectively.

First appoint someone as director & then file form 32 for recording resignation of existing director. In case the resigning director wants to discontinue from the Company. transfer all the shares in his name to some other person.

Originally posted by : Swagatam Khandelwal

First appoint someone as director & then file form 32 for recording resignation of existing director. In case the resigning director wants to discontinue from the Company. transfer all the shares in his name to some other person.

Thanks for your advice and it seems to be more important that he already informed in his resignation letter that the director who is currently handling can take a call on the stakes which he is holding( 50%) in his name.

So as a Director, can i hold a meeting and appoint someone as a director?

How do we tranfer shares from his stake, can i do it simply conducting a BM and pass a resolution. would it be feasible for me to file form 32 immediately? because he is not taking any responsibilities of the obligation which he has committed.

Appreciate your early reply

 

 

 

Originally posted by : CS Aditya Agrawal

Simply hold a board meeting, first appoint additional director u/s 260, then place the resignation of existing director and pass a resolution accepting the same and file form 32 respectively.

Thanks for your advice and it seems to be more important that he already informed in his resignation letter that the director who is currently handling can take a call on the stakes which he is holding( 50%) in his name.

So as a Director, can i hold a meeting and appoint someone as a director?

How do we tranfer shares from his stake, can i do it simply conducting a BM and pass a resolution. would it be feasible for me to file form 32 immediately? because he is not taking any responsibilities of the obligation which he has committed.

Appreciate your early reply

1. Hold board meeting in back date before his resignation and appoint some person as additional director and file form 32 for his appointment.

 

2. Hold another board meeting and accept resignation of outgoing director and file form 32.

 

3. Transfer shares of resigning director to any other person by filling duly executed and stamped transfer deed in form 7B and record transfer details in next annual return filed by the company.  Hold board meeting for recording and approving transfer of shares.

 

4. Update register of directors, share transfer and members.

 

Regards

completely agree with neha jain

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