wholetime director removal

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2010 Wholetime director is appointed on the board of the company by way of resolution and not by way of agreement with a specific assignment of work. now he is not doing the work properly and company want to remove from the Board. can it be necessary to give him 30 days notice for his removal as WT. As no resolution or agreement provide for his removal but period is fied for three years

please comments colleages

Rasesh

Rasesh (Expert)
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26 June 2010 In my view, in case of absence of any agreement, the procedure for removal of directors u/s 284 should be followed.

U/s 284 the procedure is as below :

1. Members have to object on the director and to call the AGM/EGM for the removal of the said director.

2. Company have to send the copy of objection letter of members to the director.

3. The director (who required to be removed) may submit his representation in the EGM.

4. The EGM to be called and director may be removed with majority.

5. Form-32 to be filed alongwith the resolution passed in EGM.

6. Copy of form-32 alongwith the EGM resolution result to be intimated to the director removed.