Removal of Director
A company may remove directors based on its business needs. This must be done in compliance with the Companies Act, 2013 and the company’s Articles of Association (AoA). Proper filing with the Registrar of Companies (ROC) is mandatory within the prescribed timelines to avoid penalties.Plan Overview
The resignation of a director from a private limited company is a significant event that requires proper legal procedures and formal documentation. Whether the resignation is due to personal reasons, professional changes, or disputes, it's essential to follow the correct process to ensure a smooth transition and maintain compliance with the Companies Act. From submitting the resignation letter to informing the Registrar of Companies (ROC), several steps must be taken by both the company and the resigning director. This guide will walk you through the necessary procedures, legal requirements, and best practices to handle director resignations effectively, ensuring that all parties are protected and the company continues to operate smoothly.Services Included
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Excludes DSC charges
Excludes Goverment Fees
Documents Required
For Appointment:
Notice of Board Meeting
Resolution for removal passed in a Board Meeting or General Meeting
Opportunity of being heard must be given to the concerned director
Updated DIR-12 form for removal
Proof of intimation to the concerned director
Process
Directors can be removed due to misconduct, incompetence, disqualification (due to bankruptcy or criminal activity), or breach of fiduciary duty.
3-5 Days Estimate
Step 1
Issue notice and call a Board Meeting.
Step 2
Pass a resolution for removal and schedule a General Meeting if required.
Step 3
Allow the director to be heard.
Step 4
Pass the final resolution for removal.
Step 5
File DIR-12 with ROC within 30 days of removal.
Step 6
Update internal records and statutory registers.
Recommended For
Companies undergoing changes in their board structure.
Review
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