Removal of director
A Company may required to remove any director or director may resign voluntary from board then in that scenario eTaxSupport will support in you in filing form with MCA.
Who is a Director?
Directors are people responsible for managing the activities of a Company. They are also considered as trustees to a Company. As a Company is an artificial person, decisions are to be taken by a person carrying such responsibility. Directors form a board called the Board of Directors which collectively runs a company keeping in mind the interests of stakeholders
Minimum number of Directors in a Company
The Companies Act, 2013 specifies the number of persons that as a Director should present in the company
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A Public Company shall appoint minimum of 3 Directors
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A Private Company shall appoint minimum of 2 Directors
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For One Person Company, minimum number of Directors required is 1
Vacation of Office of Director under section 167
Under certain circumstances the Director's office shall become vacant. They are
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If the Director receives disqualification specified under Companies Act, 2013
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If he remains absent from all the Board Meetings held in a period of 12 months without making an intimation to BOD
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He is convicted for any offense by the court for a period not less than 6 months
Process of Removal /Retirement of a Director
A Director's term of office can end by removal by the Company and by resignation.
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In case of removal of a Director, special notice is to be given to the Director 14 days before the Board Meeting is held
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In case of resignation, written letter is to be submitted by the Director
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In both the cases DIR-12 is to filed by the Company specifying details of removal or resignation
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DIR-11 is to be filed with Registrar of Companies within 30 days of retirement
Liabilities of a Director
As a Director plays a very important role in a Company, there are many liabilities and responsibilities towards the Company and its shareholders. A Director is not personally liable for activities of a company but in certain cases he can be held liable.
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Fraudulent activities by the Director
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Misstatements in the prospectus of the company where director had fair knowledge
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Non payment of Debts and taxes
Therefore Director is a position that holds power in management of the company. If there is any fraud happening the Director shall be liable for such acts