Home / Removal/Resignation of Director
What is Removal/Resignation of Director ?

Director of a company is a natural person elected by the shareholders as per the Memorandum of Association and Articles of Association of the company. Appointment of an additional director may be required by the business requirements of a particular company. Depending on circumstances, a director may have to resign or he may have to be removed from the board of directors.

Procedure for Director Resignation and Director removal will be different. A Director can resign from a company by giving a notice. Board is required to file a relevant form with ROC within 30 days thereof. A Director is also required to file form DIR11 with ROC.

What is the procedure to resignation/removal of director.

Director may resign by put his resignation to board of director and board consider his resignation in board meeting and submit DIR-12 to ROC to effective the resignation. The director who resigned also need to submit DIR-11 with in 30 days after his resignation. Shareholders can remove a director before the expiry of his tenure and such director can be removed by an ordinary resolution of the general meeting after a special notice has been given, before the expiry of his term of office after that need to submit DIR-12 form in ROC to effect his resignation.

Process for Removing a Director

A company is empowered to remove its directors before the expiry of their term, the powers of which is vested with the shareholders. This article deals with the process of removal of directors in a company. Non-compliance with any of the stipulated processes can make the decision void, if appealed in a court.

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