Removal of a director

Pvt ltd 461 views 1 replies

We have a director (NRI) and an alternative Director for him on board. Neither of them attend for any meetings or respond to mails, letters etc. We try to use the last known address as per their Din registration and all letters or emails just bounce every time.

Since we have to submit details for DIN4 and we do not get any reply from these persons and they have not updated their contact details, to avoid possible penalties from MCA, can we remove them? It's since years they just stopped bothering.

 

Which procedure should we follow?

 

Thanks and regards.

 

G. K. Subramanyam

 

 

Replies (1)

AS PER THE PROVISIONS OF SEC283 OF COMPANIES ACT, A PERSON WHO ABSENTS HIMSELF WITHOUT OBTAINING LEAVE OR ABSENCE FROM THE BOARD-------(1) FOR THE 3 CONSECUTIVE BM

(2) FOR ALL THE BMS FOR A CONTINUOUS PERIOD OF 3 MONTHS, WHICHEVER IS HIGHER SHALL VACATE HIS OFFICE.THE PROVISIONS WHICH ARE APPLICABLE ABOVE TO A DIRECTOR IS ALSO APPLICABLE ON ALTERNATIVE DIRECTOR U/S 313.

 

PROCEDURE:

!) PASS A BR TO APPOINT ANY OTHER DIRECTOR

2)INFORM ROC BY FILING EFORM 32


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