Company law
vijay
(Querist) 23 April 2012
This query is : Resolved
MR X IS DIRECTOR IN ABC CO AND THREE OTHER DIRECTOR IN ABC CO.,WHICH IS PVT. LTD. CO.
THREE DIRECTOR HAVE DIGITAL SIGN TO SUBMIT DOCUMENT IN ROC. BUT MR X DOES HAVE. THREE DIRECTOR WANT TO DISMIS TO MR. X.
MY Q.= IS THREE DIRECTOR CAN DISMIS TO MR. X FROM BOARD OF DIRECTORS WITHOUT RESIGN GIVEN BY MR.X?
Suhail A.Siddiqui
(Expert) 23 April 2012
They can pass resolution in this regard with supporting reason
DR.VEDULA GOPINATH
(Expert) 24 April 2012
Certain procedure is laid down for removal of directors in the companies act which is required to be followed.Also it is to be noted that according to whims and fancies of few individuals, a director cannot be removed.
Also it is essential to convene an extra ordinary general meeting.
Subject to above, director can be removed without resignation.
Also the director is equally having right to continue as director provided he is not working prejudicial to the interests of the company.
Thus subject to advice of company law expert, action is to be initiated.
Also the query appears to be not very clear.The answer is required to be given after examining the articles of association of the company
dr vedula gopinath, advocate, m-09848227926
CS Deepak Pratap Singh
(Expert) 25 April 2012
Dear Friend, The appointment and resignation of Directors is controlled by the members of the Company. The removal and appointment of directors of a private company will be governed by the Articles of Association of the company and as well as Companies Act, 1956. A director can be removed according to the provision of Section 284 in the Extra Ordinary General meeting of the Company. The directors of the company can not removed any director on their wishes. They have to follow proper procedure through Extra Ordinary General Meeting of members. Since they are appointed by the members and can be removed by the members provided some exceptions.
