Removal of Director
Remove or retirement of a director from a company in simple and quick process
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Directors are the individual who represents the company. A director himself/herself can resign from the company due to any reason or the shareholders can remove the director for a specific reason. At any time the company must comply with the provision of the minimum number of directors. In a Private Limited Company, the number of directors must not be less than two. If the minimum required numbers of directors are not appointed in a company then the existing director must appoint the director to comply with the minimum requirements.
Any director of the company who wants to discontinue the directorship of the company can resign from the company by giving the notice.The board must take the notice on record and file necessary form with MCA. A director himself/herself can also file the form with MCA to exclude himself/herself from all the duties.
Wisefilings is here to guide you with the complete procedure for the removal or resignation of a director in a company. It will keep you compliant and away from the penalties levied by MCA. Be Wise Be Compliant!
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Process of removal of a director
- Collection of information and documents
- Drafting of documents
- Filing form with MCA
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Removal of Director
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Yes, a director must send a notice of resignation to the company. A director may send notice by hand delivery or post or email but the director must possess valid proof that he/she has sent the notice.
If a company does not file the form with MCA for the resignation of a director, then the director can also file the form to remove himself/herself from all the duties.
The director will also be liable up to the period of his/her tenure of directorship even after resigning from the company.
The company shall file the form with MCA within 30 days of receipt of notice of resignation from a director. A director must file a form with MCA within 30 days from the date of resignation.
The process of removal of a director takes 5 to 7 working days.
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