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• The company, by passing an ordinary resolution, can remove the directors by giving an opportunity of being heard. (Note: Directors appointed under section 242 by the tribunal are not covered under this clause).
• For the removal of the director, a special notice of a resolution is required to remove, and the notice has to be issued for the appointment in place of the removed director.
• After the receiving of the notice of the resolution this notice has to send immediately to the concerned director another directors which are a member or non-member of the board of the company and those are required to be heard o resolution at the meeting.
• When a director receives notice of the resolution for his removal, then the concerned director has to give his representation in writing to the company. The notice of representation has to be given to all members of the company and send a copy of that representation to every member of the company who has called for the meeting.
• The vacancy is created under this section after the removal of the director then in the same meeting of the removal another director is being appointed for time being, and a special notice of the intended appointment is provided.
• The newly appointed director has to hold the post until the duration up to the new formal appointment of the director is made.
• The director removed once shall not be re-appointed by the board of the directors.
• The removed director is liable for the damages and compensation which is required to be payable to him in lieu of his removal or termination according to the prescribed terms and conditions of the appointment.
The Board of Directors or shareholders can remove the Directors of a company if he/she incurs any of the disqualifications specified under section 164 the Companies Act of 2013, or he/she is absent from the Board meeting over 12 months. Also, if the concerned director enters into a contract or arrangement against the provision of section 184, then that director is convicted by the court and can be sentenced to imprisonment for not less than six months.
Note:A company has the right to remove the director only if the Central Government or the Tribunal has not appointed the director.
• Board Resolution by company on company letter head Owner Adhar Card
• Photograph of All directors Sale Purchase Bill
• Video consent to remove director by all directors Letter Head
Assigning and Authorizing us task Owner Adhar Card
Preparation of Removal Document Owner Pan Card
Filing of Form Dir-11 and Dir-12 for Removal to ROC Sale Purchase Bill
In 30 days of date of the resignation, if the company fails to or doesn’t file the 'form DIR-12', the below mentioned penalty will be applied.
One-time of concrete Government fees until 15 days; Owner Adhar Card
If it surpasses more than 15 days, then it’s two times of the original government penalty Owner Pan Card
A penalty of 4 times of the exact government charges is applicable if it passes 30 days to 60 days. Sale Purchase Bill
In case it surpasses 180 days, then ten times of the actual administration fees are relevant; Letter Head
The penalty is also relevant to the company, which fails to file the form DIR -12 within 300 days from the date of reaching the resolution. The company has to pay 12 times the exact government fees and the compounding offense as well. Rent Agreement or Registery
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