Shape

Removal/Resignation of Director

Need guidance on changing the director of your company? Get guidance in accordance with the Companies Act, 2013 of India.
Prices start at
INR 2000 /- only.

Request More Info

    Get a better understanding about Removal/Resignation of Director

    Here’s an overview of the circumstances, forms, and compliance requirements related to the removal or resignation of a director:

    Removal of Director:

    Circumstances for Removal:

    Term Expiration: A director’s term may expire as per the provisions of the Articles of Association or shareholders’ agreement.
    Removal by Shareholders: Shareholders can remove a director before the expiry of their term by passing a special resolution in a general meeting. The director being removed has the right to be heard at the meeting.
    Disqualification: If a director becomes disqualified under the Companies Act or any other applicable law, they may be removed.

    The Process

    When a director resigns or is removed, certain filing requirements need to be fulfilled with the Registrar of Companies (RoC) in India which ensure that the company’s records are updated and reflect the changes in its board of directors. Here are the filing requirements.

    Director Resignation:

    • Director’s Resignation Letter: the resigning director must submit a resignation letter to the company, stating their intention to resign.
    • Board Meeting and Board Resolution: The board of directors should convene a board meeting to discuss and accept the resignation. A board resolution should be passed, accepting the resignation and authorizing a designated person to submit the necessary forms to the RoC.
    • Form DIR-11: The resigning director is required to file Form DIR-11 with the RoC within 30 days of resignation which includes details such as the director’s name, resignation date, reasons for resignation, and any other relevant information.
    • Director’s Intimation: The resigning director should intimate their resignation to the company by submitting a copy of Form DIR-11.

    Director Removal:

    • Board Meeting and Board Resolution: The board of directors should convene a board meeting to pass a resolution for the removal of the director.
    • Extraordinary General Meeting (EGM): In certain cases, an EGM should be convened to seek shareholders’ approval for the director’s removal.
    • Form DIR-12: The company is required to file Form DIR-12 with the RoC within 30 days of the director’s removal. This form should be accompanied by relevant documents, such as board resolution, EGM resolution (if applicable), and resignation letter (if the director resigned before removal).
    • Director’s Intimation: The removed director should be provided with a copy of Form DIR-12 to inform them about their removal from the company.

    FAQs on Removal of Director

    Get answers to all your queries

    It can vary from case to case. Some of the common reasons are resignation , removal on account of disqualification etc

    The timeline for completing the entire process can be anywhere between 7-14 days.

    Yes . And that is why doing it rightly is all the more important. Call us now to know more

    Drop in a mail or book a call now

    Remove a Director from your Company : Effortlessly with ClearBiz Assistance

    Removing a director from the board and making statutory filings with Mca might be challenging for the unversed. Trust experts from Clearbiz to deal with all complexities of legal paperwork, while you can free up your mind

    tds return

    Understanding the process of removal of director

    A director may be removed from the board of a company for various reasons. It might be due to resignation, or removal on account of disqualification or even to downsizing the Board

    Whatever the reason, getting the compliance part right is extremely important. By entrusting this service with experts from Clearbiz , you can be assured that the entire process would be dealt in the most professional and effortless manner , that too all online

    What can you expect out of our Director Removal Service?

    At ClearBiz, we promise to deliver a director removal services that is customised to your company’s needs. Our services will include

    – Legal guidance on the most suitable removal method.

    – Drafting of necessary notices , resolutions and other documentations

    – Filing of relevant statutory forms with the MCA.

    – Communication and follow-up with MCA and keeping you in the loop always , regarding the status of removal application

    one person company registration in tamil nadu
    income tax consultancy

    Our Approach to Director Removal

    We emphasis on a client centric approach for all our services . Hence all our processes are streamlined for ensuring it is effortless and easy for our clients

    Our process is outlined below

    -Book a free consultation to discuss the requirement of your business

    -Decide on the best strategy fit for your company

    -Fill up and share the documents as listed in the Chcklist provided by the Clearbiz Team

    -Sit back and relax , while our team handles all the legal complexities

    Once approval is obtained we would brief you on the post approval process as applicable

    Benefits of Using ClearBiz's Service

    By choosing ClearBiz for director removal, you enjoy several benefits:

    -Minimize time and effort involved in the process so that you can focus on your core business

    -Avoid the risk of legal complexities by entrusting the job to qualified and experienced professionals

    -Personal Assistance throughout

    Best in class service at most affordable fees

    trademark registration in mumbai
    add a partner in llp

    Important Considerations for removal of director

    Before starting with the removal process, it is important to consider:

    – Analysing if the reasons for removal of  director  are legally valid and acceptable

    – Complying by Notice periods and voting rights mentioned in Companies Act 2013

    – Ensuring all Documentation requirements are met

    Documents Required for Director Removal

    Documentation required for removal of directorl varies based on the grounds of removal. Book a call with us to discuss the needs of business,so that our team can provide a comprehensive checklist.

     

    change in llp agreement

    What is the expected timeline for removal of director?

    The timeline for completing the entire process can be anywhere between 7-14 days.