At any time, the firm may nominate or remove a director. There are several reasons to fire a director, and there are three ways to do so depending on the reason. Regardless, LEGALONGO can help you and streamline the process of removing a director from your company.
The Process of Removing a Director
There are 3 ways to fire a director from a company:
1) Shareholders have the power to remove directors.
Step 1: A board meeting must be called and convened within seven days of the noticestock's issuance date.
Step 2: After receiving a 21-day notice, shareholder meeting is held to vote on the earlier resolution. The director who is being ousted by the shareholders may speak during this meeting.
Step 3: A motion to summon a general meeting and, if approved by the shareholders present on the meeting's day, to remove the director, is passed.
Step 4: The shareholders must file Form DIR-12, an ordinary resolution, and any attachments to the board resolution.
Step 5: The name of the concerned director is removed from the Ministry of Corporate Affairs (MCA) database and website after the necessary procedures have been finished.
2) Anytime the Directors Make a Resignation Offer
In this situation, the appropriate steps are
Step 1: Organizing a board meeting with seven days' notice.
Step 2: During the board meeting, the resignation will be noted.
Step 3: After that, they must adopt a resolution that specifies how to do it.
Step 4: The director who has resigned must now fill out Form DIR-11 on an individual basis.
Step 5: A registration letter, the board resolution, and Form DIR-12 must be submitted by the company to the registrar of companies.
3) A Director Is Absent From the Board for Twelve Months
Step 1: Whether or not a leave of absence was requested, a director shall be presumed to have resigned from such office if such director misses all board meetings for a period of one year.
Step 2: Fill out a Form (DIR-12).
Step 3: After completing the necessary steps, the Ministry of Corporate Affairs database will be cleared of the concerned director's identity (MCA).