Tuesday, September 23, 2014

Procedure For Removal of Company Director in India



A company by ordinary resolution can remove a director other than a director appointed by the Tribunal under section 242 before the expiry of the period for which he has been appointed by giving him a reasonable opportunity of being heard.

Provided no provision shall apply where the company has availed benefit given under section 163 to appoint not less than 2/3rd of the total number of directors in according with the principle of proportional representation.

A special notice must be required of any resolution to remove a director under this section or to appoint other as a director in place of a director so removed at the meeting in which he will be removed.

On receipt of notice of such resolution to remove the director under this section then the company should forthwith send a copy thereof to the director.

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