Removal of directors

DEAR MR.SRIVASTAV..

                                  ORINARY RESOLUTION IS REQUIRED ONLY IN CASE OF COMPANIES ( PRIVATE COMPANIES) WHICH HAVE BEEN ESTABLISHED ON OR AFTER IST APRIL 1952..

EXPERTS ARE WELCOME TO CORRECT ME.

REGARDS

TANVEER MD MASOOD

CALCUTTA.

Dear Mr. Ladha,

The above notice is correct and complying the provisions of Section 284 of the Companies Act, as i have noticed above.

Also the copy of notice was circulated to you as mentioned in the explanatory statement.

However, you can also send your representation, but it is depend on the company whether they circulate it or not.

In above view, inspite of certain mistakes in the notice, the procedure adopted by the company is seems correct.

The special notice is served to the company with a fee of Rs. 500 which will be returned after the due resolution is passed. You can check it and challange that the company didn't received any special notice. However, it will be arranged.

To Ankur,

So what should I do now??

I also have not received remuneration for past 3 months. Can I do something to get that?

Originally posted by : CS Ankur Srivastava
	Originally posted by : *RENU SINGH * @ CS Ankur Srivastava Sir But in case of private company .... there are just 2 shareholder cum directors then ..... can they remove the 3rd person  as per the reason of breach of trust ...........   @ Pratyush ... AOA  ( Article of Association) can surely provide you some clue regarding solution .....   because you can also not be cheated like that. there must be some resort to this situation ...... Renu ji, For removal of Directors specific procedure is to be followed.

Thanks for replying my answer ....

 

Dear Mr. Ladha,

Yes upto the date of EGM you are entitled to get the remuneration and the company has to pay it to you.

To Mr Srivastava

The company is not agreeing me to pay the remuneration. I want to take some serious action against them. Please let me know what should I do.??

Hi Mr. Ladha,

You can send a representation to company against your removal without being paid remuneration.

Regards

Representation would not work here, as the company would not circulate or present your representation. You have to send a notice to the Company claiming the outstanding salary, failing which you can file a case against the Company.

This course of action will be done after they finalise the date of cessation. Otherwise they will finalize 3 months back date as the date of your removal.

Can you please help me out with the content and drafting of the notice?

What should we do even after sending notice they dont agree to pay the remuneration??