Removing a Director

Removing a Director

Director of a company manages the affairs of the company as per the Memorandum of Association (MOA) and Articles of Association (AOA) of the company. There may be occasions when director in a company wants to resign or the shareholders may seek his removal due to some reason. Accordingly, a Director can resign or be removed by the company. For this, the company needs to file an intimation of change of Director with MCA.

A company can remove a director in any of the following circumstance specified under the Companies Act:

• Absents himself from board meetings over 12 months
• Enters into contracts or arrangements against the provisions of section 184
• Is disqualified by an order of a court or Tribunal
• Is convicted by a court of any offence
• Is sentenced to imprisonment for not less than six months.

Procedure for Removal of Director

Step 1

A Director can put in his papers by giving a notice in writing to the company. In such a scenario, the Board needs to submit necessary information with MCA within 30 days. Also, a Director can send a copy of the resignation letter to the ROC directly by filing a particular set of forms.

A director can be removed before the expiry of his period of office by ordinary resolution, provided he does not hold office for life. Resolution once passed must be communicated to the director concerned by email/post, and he/she should be given ample opportunity to reply to it at the meeting of Board of Directors.

Step 2

The director should be provided ample time to respond to the notice seeking his removal. However, if no reply is received, he/she should be served with a special notice, through Board of Directors’ approval. We will help you file the DIR-12 with the Registrar of Companies, subsequent to which, the director will be removed. The average time taken to file for resignation/removal of director is about 10 - 15 working days, subject to government processing time and client document submission.

Why Great Solution

Professional Expertise

Great Solution provides a variety of legal and financial service related to companies in India, such as company, tax, trademark registration, income tax filing and addition/removal of a director. We can help you put into effect resignation or removal of a director.

We handle legal and financial work of several companies and LLPs. Our professional knowledge aided by our technological expertise, helps will help you add or remover a director in a seamless manner.

Smooth Coordination

By handling all the paperwork for you, we will make your interaction with government authorities as smooth as possible. We will make you sail through the entire process with effortless ease.

Proactive Approach

Great Solution’s team of experienced expert advisors will answer all your queries to your satisfaction. We will try to clear all your doubts even before you put them across.

Get yourself familiar with all procedures for resignation/removal of Director by getting in touch with us