Overview of Remove a Director

Members have the power to remove a director at any time under certain provisions in the company’s articles of association, by ordinary resolution of the company’s members or by a disqualification order made from an authorised body. A company can remove a director if he incurs any of the disqualifications specified under the 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, or is convicted by a court of any offence and sentenced to imprisonment for not less than six months.

FAQ's on Remove a Director

How a Director can resign from the Board of the company?

A director may resign from the Board by giving a written notice to the Board; and shall forward a copy of his resignation along with detailed reasons to the Registrar of Companies (ROC) in Form DIR-11 within 30 days of resignation.

Can a Director be removed from the Company?

Yes, shareholders of the Company may, by passing a special resolution in general meeting, remove a director, but after giving a reasonable opportunity of being heard.

What is the procedure for removal of Director from the Company?

1. Intimation of removal of the Director will be given to the Company. 2 The Company will deliver the 14 Days’ Special Notice of removal to the Director proposed to be removed. 3. General Meeting of the members will be held and special Resolution will be passed by the members for removal of Director. 4. E form DIR-12 will be filled by the Company within clear 30 Days. 5. The MCA will update its records and the Director will be removed from the Company.

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