24 July 2018
Dear Sir My Query Is regarding 164(2)(a) Disqualification.Now our Company Wants to Remove the Director from the Board .we want clarification effective Date for such Director Should be Taken weather we must Take his Resignation Today or from When he was made disqualified by ROC. if we Remove the said Director from Board From the date when he was Made disqualified by ROC then what will happen to Financial Statement Which He had Sign last Year.
Read more at: https://www.caclubindia.com/experts/companies-act-2013--2675009.asp
26 July 2018
You dont need to proceed with the process of removal of director. The moment a person is disqualified u/s 164(2)(a), he has to vacate his office under section 167(1)(a) of CA, 2013. You just have to file Form DIR-12 for cessation of his directorship due to Section 167(1)(a).