removal of first director holding office for life

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Situation : A private company in its articles states that  the first directors shall hold the office for life and shall not be lible to retire by rotation.

Query : What is the procedure for such first directors holding office for life to discontinue from his directorship?

Replies (2)

Hi ,

Firstly if ur sole consideration is to remove the director then u need to ammend the articles in giving affect to this, thereafter u may remove him by taking the matter in the AGM.

Dear Friend

 

If the first director give his/her resignation from the post of director then you can accept such resignation in the Board and File Form-32 with ROC. There is no need to alter company’s article on this matter.

 

A director is free to resign from the post of director whether he/she is first director or WTD. In case of MD the resignation will be effective only after accepting their resignation in Board.

 

 Regards

CS Ajay Mishra

 


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