Removal of Director Companies Act 2013

Section 169 of the Indian Companies Act, 2013 defines the process for the removal of the director. Section 169 of the Companies Act, 2013 says that the shareholders can remove the director by giving an ordinary resolution in a common meeting.

Remove Directors from Your Company

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ABOUT

INTRODUCTION

A Director is responsible for all the day-to-day actions of your company, which is why it is significant to be content with his/her work. However, sometimes, an appointed director wishes to leave a firm or must be excluded from the firm due to a range of reasons. Fortunately, it is simple to eliminate the individual who was elected to be the director at the time of the company registration. The Company Director can separate from the Board by filing a resignation letter with the company and registering the intimation with the ROC.

 
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Conditions for the Removal of director from the company

As per the terms of the Companies Act 2013, Shareholders can remove a Director from the organization even before his/her tenure terminates, except in case of appointment by the Central Government. Principally, there could be three possible causes for the removal of directors from the company.

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The director didn’t attend three consecutive board meetings

As per section 17 of the Companies Act, 2013 if a director didn’t attend the Board Meeting for 12 months, starting from the day on which he/she was absent at the first meeting even after sending him/her due notice for all meeting, it will be considered that he/she has abandoned the office. 

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Removal of director suo-moto by the board

As per Section 19 of the Companies Act 2013, shareholders have the authority to remove the director by passing an ordinary resolution in a general meeting, except in the case the Director was not appointed by the Central Government or the Tribunal.

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When the director himself/herself submits the resignation

If by any means or reasons, the director of the company doesn’t wish to continue with the company and want to resign, then he orshe can resign. 

Registration Process Flow

With Pareek G, it is refreshingly simple to register your company online. Here’s what you need to do:

1-2 HOURS
Select Package

Select a package from our wide range of packages online, or speak to our customer care representative regarding your requirements.

 
2 WORKING DAYS
Issue notice

We will draft a Special notice of any resolution to remove a director.

 
2 WORKING DAYS
Fill the DIR-12 form

We will help you fill out the DIR-12 form and submit it to the ROC.

1-2 HOURS
Removal of Director's name

We will help you to remove the name of the concerned director Name. 

DOCUMENTS REQUIRED

Minimum criteria

  • Legal notice signed by shareholders with a minimum of 1% voting power
  • Seven-day notice to company members

Documents for Directors

  • Self-Attested Copy of the Pan Card
  • Self-Attested copy of the Voter Id card /Aadhaar card
  • Passport size photographs

PRICING

Basic Package

Save upto-10% cost on this package

₹ 7,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
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Growth Package

Save upto-20% cost on this package

₹ 9,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
  • GST Registration
  • Stamp and Company Seal
  • Bank – Current Account Opening
  • 10% Discount on Future Service
BUY NOW

Premium

Save upto-30% cost on this package

₹ 16,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
  • GST Registration
  • Trademark Registration
  • 1month free GST filing
  • NDA
  • Guideline for Startup India Registration.
  • Stamp and Company Seal
  • Bank – Current Account Opening
  • 10% Discount on Future Service
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FAQ's

Yes, it is a basic prerequisite for removing a director. The defaulter must be given time to present his/her side.
 
Any individual who is over 18 years and is not a convicted felon can be a Director.
 
This depends on the type of company incorporation you have carried out. For example, in the case of an OPC, you only require a minimum of one director. However, if you’re planning to register a pvt ltd company, then note that you need a minimum of two directors. You also need a minimum of two directors for a partnership firm, Section 8 company, and Nidhi company.
When you work with PareekG, not that the entire process does not take longer than 7-10 working days.
Yes, a director can voluntarily resign. The notice of resignation must be served to the company stating the reason for resignation. Also, the resigning director needs to file a form for intimation to MCA about his resignation from the company.
Once the director has filed his resignation with the company and MCA, it is the responsibility of the company to intimate the change to MCA. The requisite e-form is required to be filed within 30 days from the resignation. Further, the vacancy of the director is also required to be filled as per the requirement.
 
There could be three possible reasons for the removal of directors from the company. The director didn’t attend three consecutive board meetings Removal of director suo-moto by the board When the director himself/herself submits the resignation
 
The procedure for the removal of a director from a Company is very simple. The directors shall manage a meeting of members for their approval after accepting special notice in this regard. The exiting director must be provided an opportunity to express his grounds.