Shareholder
saini2234
(Querist) 29 January 2016
This query is : Resolved
Dear Sir
We have a private limited company in which shareholders are friends.
In a Pvt. Ltd. company having 6 shareholders, 5 with 15% and 1 with 25% shares, what is the power with each directors in case of dispute.
I have some questions.....
1. Can the 5 directors remove the 6th director as director (all the shareholders are directors).
2. Without information 5 shareholder canceled 6th shareholder partnership.....
i shall be very grateful if you could answer my queries as soon as possible
regards
vipul
rajagopal.s
(Expert) 29 January 2016
Hi
Procedure for removal of director of a private limited company which needs to be strictly followed are :
a) A Company by ordinary resolution in an Annual general meeting or an extra ordinary General meeting can remove a director.
b) Special Notice about the resolution to remove a director shall be issued to the members.
c) A copy of the said notice to be send to the director to be removed also.
d) The director shall be given an opportunity of being heard in the meeting.
e) If the director gives any written representation to the notice, then the said representation shall be given to all members.
f) If the representation could not be given to all members, then the Director can request the said representation to be read out in the meeting.
g) The members can pass an ordinary resolution, by simple majority and remove the director.
h) The Company shall within 30 days from the removal of a director file Form No.32 and a copy of the resolution with the Registrar.
If the procedure is not followed, then the aggrieved person can file a suit in the appropriate court, seek a stay in proceedings and challenge the grounds of termination
Rajendra K Goyal
(Expert) 30 January 2016
Agree with the advice from expert rajagopal.s.
V R SHROFF
(Expert) 30 January 2016
FILL FORM F 32 TO COMPANY LAW BOARD FOR REGN
ADV-JEEVAN PATIL, MUMBAI
(Expert) 09 February 2016
A absolutely agree with expert Rajgopal since it is a pvt ltd company
