banner_ad

Removal of md/wtd?

Others 622 views 2 replies

Hi all,

 


1.Is Sec-284(Removal of director by the members) can be  applied for removal of MD/WTD?if no through which sec can be applied by memebers to remove MD/WTD?

2.Suppose Sec-284 applies and a MD has been removed by the members,in such case can he retain ordinary director ship by such MD?

Replies (2)
Where the articles empower the board to terminate the office of managing/ whole-time director, the board must observe the terms of the contract and the removal must be in accordance with the terms of the contract and the removal must be in accordance with the terms in that behalf as embodied in the contract, if any. For instance, if the contract provides for a notice of certain duration to be served by one party intending to terminate the contract on the other party to the contract, the board must, in case it intends to remove the MD, serve a notice of the stipulated period. If the board fails, it will tantamount to a breach of contract and the MD, serve a notice of the stipulated period. aggrieved by it would be entitled to claim damages for such a breach. A MD can be removed as a director by the company in general meeting under section 284 of the CA, which would result in the termination of office of the MD.....he may continue as a director in the company... experts views plz....!!!
1 -The right u/s 284 is statutory right given to mem. To remove by ordi. Reso.,any dir. In any manner or on whatsoever terms appointed. 2-mem. Will decide to wat extent be removed.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
26 May 2026
Education Content Creator

Adyayam Education LLP

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 23 May 2026
Article Assistants

Acupro Consulting

Gurgaon

CA Inter

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details