Lion roar v3
 

How long does it take?


4 Days

 
  1. Board Resolution

    1 Working Day

    Hold a board meeting by giving the 21 days notice for the same. In case director himself gives his resignation; pass the board resolution for accepting the resignation of the director, in case director removed by the shareholders; pass the board resolution for holding an extraordinary general meeting along with the resignation of director.

  2. Resignation Letter

    1 Working Day

    Our representatives provide a draft resignation letter for removal of the director. Once company receives the resignation letter, it must be sent to the resigning director for signing. We file the resignation letter with the concerned ROC in the related form.

  3. Form Filing

    1-2 Working Days

    Once we obtain the signed board resolution and resignation letter of the director, our representative will prepare and file the application along with the required documents to the concerned ROC (Registrar of Companies). On successful completion of the filing, all the documents are duly verified and approved by the government and remove the name of the director from the master data of the company.

 

Removing a Director Cost Breakdown



 
 
 
Government Fee Rs 600
Professional Fees Rs 2,457
Goods & Service Tax Rs 442
Total Cost Rs 3,499
 

Documents Required


 
Icon dsc

DSC

Digital signature of any existing director

Certificate

Incorporation Certificate

Company's certificate of incorporation

 

What do you get


 
Icon acknowledgement

Acknowledgement

An acknowledgement slip with payment details

Questions? Call us on 011-395-95858

 

Frequently Asked Questions


Can shareholders remove any director before the expiry of his tenure?

Yes, the shareholders can remove any director any time even before the expiry of the his tenure, except a director appointed:

  • by tribunal under section 242 for prevention of oppression and mismanagement.
  • under principle of proportional representation under section 163.

What are the primary duties of a director in a company?

  • Every director should act according to the articles (AOA) of the company.
  • The intention of the director should be in good faith for the benefits of the employees and shareholders.
  • Every director has a duty to keep the relevant information about the operations and financials confidential until unless its for the benefit of the company.
  • A director of a company cannot reassign his work to any other person; he should perform by his own.

How to remove a director of a company?

There are several ways to remove a director from the company:

  • Director himself gives resignation
  • Remove a director at the discretion of the board
  • Director does not attend the three consecutive board meeting
  • Director removal arises due to vacation by statue
  • Any reason of vacating the office which included in the AOA of the company
  • Removal of directors by shareholders

What will be the effective date of resignation of a director?

The effective date of the resignation of a director will be the date on which the notice is received by the company or the date mentioned in the notice (if any), whichever is later.

Will a director be liable for the offence occurred during his tenure after his removal?

The director shall be liable for every fraudulent act occurred during his tenure even after removal or disassociation with the company.

Can I resign from the post of director?

Yes, you can resign at any time by serving the notice to the company.

What are the grounds for removal of a director?

  • If the person is of unsound mind.
  • If the person convicted by the court of any offence.
  • If the person is declared insolvent.
  • If the person disqualify by an order passed by a court or tribunal

What is the limit for Directors in a Private Limited Company?

A minimum of 2 Directors are required for incorporation of Company, one of the said Directors shall be a resident in India, i.e. should be in India for a period of 182 days or more in the previous financial year. However, a private company can have a maximum of 15 Directors.

What is the procedure for removal of director?

Removal of director procedure:

  1. Director himself gives resignation

    • Convene a board meeting and pass a board resolution
    • After acceptance of the resignation, file form DIR-11 along with the board resolution
    • File form DIR-12 with ROC along with the resignation letter and board resolution
  2. Remove a director at the discretion of the board

    • Hold a board meeting and pass a board resolution to convene a general meeting
    • Convene a general meeting and pass a resolution after giving the opportunity of being heard to the director
    • File form DIR-11 & DIR-12 along with the resolutions
  3. Director does not attend the three consecutive board meeting

    • If director does not attend the board meetings for the period of 12 months, it will be deemed to be vacant the office.
    • File form DIR-12 in the name of the concerned director.

What is the difference between retirement and removal of directors?

In public or private company, in every AGM one-third of directors must be retired who are eligible for re-appointment. Whereas, a director can be removed anytime by passing an ordinary resolution.