Ayush Srivastava (Advocate/Attorney/Solicitor) 11 August 2021
Kevin Moses Paul 11 August 2021
Ashwitaa 30 August 2021
Ashwitaa Shetty (.) 08 October 2021
REMOVAL OF DIRECTORS (Section 169 of the Companies Act, 2013) A company may remove a director except the director appointed by NCLT, before the expiry of the term of his office after giving him an opportunity of being heard . Following are the Conditions for removal
(a) Special Notice: A special notice of the meeting shall be given before passing ordinary resolution, for removal of director or to appoint another director in place of a director so removed.
(b) Send Special Notice to Director: On receipt of notice of a resolution regarding removal of a director, the company shall send a copy of the notice to the director concerned.
(c) Send Special Notice to proposed Director: A vacancy created by the removal of a director may, if he had been appointed by the company in general meeting or by the Board, be filled by the appointment of another director in his place at the meeting at which he is removed, provided special notice of the intended appointment has been given.
(d) Tenure for Appointment: Such a director so appointed shall hold office till the tenure of removed director.( had he not been removed) In case of Listed Company, it has to send proceedings of the meeting to the concerned stock exchange within 24 hours. The company also has to file DIR -12 with Registrar of Companies within 30 days of removal of director.