THINGS YOU SHOULD KNOW WHILE REMOVING A DIRECTOR OF A COMPANY +9174177 7417726646 26646 +91 WWW.LAWGICALINDIA.COM REMOVING A DIRECTOR OF A COMPANY A firm has the right to remove a director from its board. The 2013 Companies Act lays forth the guidelines for such removal. This article concisely summarizes all the key details about removing a director. +9174177 7417726646 26646 +91 WWW.LAWGICALINDIA.COM WWW.LAWGICALINDIA.COM If the director has fallen into bankruptcy. If the director has been adjudged guilty by a court and sentenced to at least six months in prison. EXPLAINING THE GROUND ON WHICH YOU CAN REMOVE A DIRECTOR IN A COMPANY For the following reasons, the shareholders may remove a director: If a judge has ruled that the director is mentally ill. If the Director has been deemed ineligible to hold such a position by the Tribunal or Court. Lack of a Director Identification Number by the Director. Regarding the inability to follow the Companies Act of 2013's rules. +9174177 7417726646 26646 +91 WWW.LAWGICALINDIA.COM If the director resigns of his own will THE PROCESS OF REMOVING A DIRECTOR IN THE COMPANY The board of directors has the power to remove a If the board decides to remove the director on a suo-moto basis director if any of the three scenarios listed below happen: If the director fails three consecutive board meetings or any board meeting over 12 months. It is assumed that the director has left the office. The RoC must then receive the form DIR-12. +9174177 7417726646 26646 +91 WWW.LAWGICALINDIA.COM MANDATORY REQUIREMENTS TO BE FOLLOWED TO REMOVE THE DIRECTOR OF THE COMPANY A special announcement must be made before a director is terminated. The members owning at least 1% of the voting power or the members holding shares on which a total of at least 5 lakhs has been paid up to the date of the notice must sign the special notice, either individually or collectively. The Board of Directors shall not appoint the disqualified director again. In the same general meeting in which the director was ousted, a new director will be appointed to fill the vacancy left by the departing director. The newly chosen director will serve until the term of his predecessor in office expires. +9174177 7417726646 26646 +91 WWW.LAWGICALINDIA.COM CONCLUSION The process of removing a company director is delicate, and it must follow the steps outlined in the Companies Act of 2013, passed in 2013. Failure to do so could result in a court declaring the ruling invalid. Companies might choose to use the services of experts like Lawgical Business India to avoid situations like this and the penalty for not submitting forms. Lawgical may assist with drafting resolutions, submitting required forms on time, and filing them with the RoC to hasten the removal procedure +9174177 7417726646 26646 +91 WWW.LAWGICALINDIA.COM LET'S CONNECT WITH US! +91 74177 26646 info@lawgicalindia.com www.lawgicalindia.com Sanjay Place Agra, Uttar Pradesh 282002