Power to remove a director from company is vested with Share holder of company. Directors work towards progress of company and generally work in administration and operation of company. They are answerable to shareholder for company progress. By passing ordinary resolution company can remove a director from company before expiry of his period of office. As per Companies Act 2013 removal of director is allowed , if legal formalities are not carried correctly then director can challenge the removal. In this article we discussing about three situation for remove director of a Private Limited Company.
Below are these three situation explained in detail
Companies Act 2013 give power to company to remove director by board of directors. By passing ordinary resolution it can be done, Provided said director was not selected by Central Government or the Tribunal. Director can be removed before expiry of his/her tenure.
Company need to hold board meetings for taking business decisions , progress report etc. Directors need to attend these meetings. However where director fails to attend board meetings for 12 months from the day on which he was absent at the first board meeting. Section 167 of the Companies Act 2013 gives this provision.
Summary of Section 167 As below
Following documents required for removing director from company. These documents need to be prepared and filed with due care.
Companies Act 2013 Section 168(2) give explanation for date of resignation. Effective date of resignation shall be date on which notice received by company or if any specified date by director.
After removal of director legal filing need to carried in form DIR 12 & DIR 12. These form need to be E filed. Once filed in some time in Government website status will be shown. to Check director removal status at online MCA Data visit http://www.mca.gov.in/mcafoportal/viewCompanyMasterData.do. Mention company name / CIN number , site will show updated status after filing DIR 12 and DIR 11.