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removal of director

khushi (kolkata) (26 Points)

13 March 2019

if I m one of director of my company along with 2 other directors...so how is it possible to remove one director and what will be the pros and cons and consequences of such removal.

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7 Replies

shumayla (CS) (134 Points)
Replied 13 March 2019

As per section 169 of CA, 2013
A company can remove his director by passing an ordinary resolution subject to the approval of Board. before his expring tenure and also give reasonable opportunity of being heard.

You can also refer sub section(2) of section 169

Then you will file DIR-11 and DIR-12 with the attachments of BR and SR

1 Like

Vinayak Mishra (192 Points)
Replied 13 March 2019

special resolution not recquired

1 Like

shumayla (CS) (134 Points)
Replied 13 March 2019

that was *OR

3 Like

Priya Kashyap (Student) (7053 Points)
Replied 15 March 2019

yeah ordinary resolution for removal of rotational director

3 Like

Priya Kashyap (Student) (7053 Points)
Replied 15 March 2019

yeah it's

2 Like

Jatin Bajaj (CS) (2930 Points)
Replied 16 March 2019

As per section 169 of the Companies Act 2013, a Director can be removed from the Company by passing the Ordinary resolution in the general meeting. However before resignation, the Director shall be given the reasonable opportunity of being heard. If Director has the objection then he may file an appeal to the NCLT specifying the reason and the causes of not being removed from the Company.

However the Company shall file Form DIR 12 within 30 days of his removal and the Director concerned may file his form DIR 11 within 30 days of the removal.

Necessary entries shall be made in the Register of Directors and KMP as per the provisions of section 170 of the Companies Act 2013