Company law
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
17 March 2012
Pls solve the below query
A private Limited company having 2 directors Mr.A and Mr.B. They both are the subscribers to the Memorandum of Association. The company does not have any shareholders. The above directors are only two shareholders. The company has increased the capital but it has not given any allotments to any one. The directors designations have been changed. Mr.A., Managing director and Mr.B director of the company. Now disputes arrived between both the directors and Mr.A wants to remove Mr.B.
Can anyone please give the solution. Its a bit urgent.
Regards,
Rajeswari
A private Limited company having 2 directors Mr.A and Mr.B. They both are the subscribers to the Memorandum of Association. The company does not have any shareholders. The above directors are only two shareholders. The company has increased the capital but it has not given any allotments to any one. The directors designations have been changed. Mr.A., Managing director and Mr.B director of the company. Now disputes arrived between both the directors and Mr.A wants to remove Mr.B.
Can anyone please give the solution. Its a bit urgent.
Regards,
Rajeswari
17 March 2012
Kindly tell the shareholding pattern of the directors. Appoint one new director with transferring some shares from the M.D. to the new director and conduct a board meeting and EGM with special notice to remove the director.
17 March 2012
I do not understand why are you asking the same query again. Anyways as per section 284 of the Companies Act, 1956, shareholder can remove a director by passing an Ordinary Resolution in the general meeting. This Legal right cannot be damaged or taken away by MOA, AOA or any other document or agreement.
1. Hold board meeting to discuss the matter and fix the date and time of general meeting.
2. In the general meeting pass an Ordinary Resolution for removal of director.
3. File form 32 with ROC within 30 days of removal.
Thanks
1. Hold board meeting to discuss the matter and fix the date and time of general meeting.
2. In the general meeting pass an Ordinary Resolution for removal of director.
3. File form 32 with ROC within 30 days of removal.
Thanks
17 March 2012
Dear Ankur Garg,
If the director removed from the company then the legal requirements cannot satisfies i.e. 2 members and 2 directors. So the Company must appoint one new director as well as member.
If the director removed from the company then the legal requirements cannot satisfies i.e. 2 members and 2 directors. So the Company must appoint one new director as well as member.
17 March 2012
Yes you are absolutely right. I told her yesterday in detailed manner. Check the link below:
https://www.caclubindia.com/forum/company-law-194317.asp
But today i forget to mention. Apologies.
Thanks
https://www.caclubindia.com/forum/company-law-194317.asp
But today i forget to mention. Apologies.
Thanks
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- GST on export of services and Input Credit
- ITC temporary reversal and reclaim
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Inventory of finished goods
- Applicable TDS rate for sale of property in Nov 2024
- Confusion around Form 26QB fields
- RCM INVOICING FROM NOV-2024
- Sale of property furniture sale
- Quiery in relation to GST liability in case of an advocate who has obtained GST registration.
- Regarding Waiver of Interest levied u/s 50 of PGST/CGST Act
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
Trending Online Classes
CAclubindia
