Fraud made by Directors
This query is : Open
11 July 2009
One of director have passed some confidential information to outsiders apart from this he has taken money from company's client and deposited it into his personal bank accounts. He is also holding 33% shareholding in the company and still holding the directorship in the company. The company is running in loss. What kind of different action a company take...Kindly help urgently.
11 July 2009
File a civil suit for recovery of the amount collected by him alongwith damages.
File criminal suit that he has utilised the confidential information of the company.
Forfeit the shares towards damages.
Dismiss him from directorship and file form 32
File criminal suit that he has utilised the confidential information of the company.
Forfeit the shares towards damages.
Dismiss him from directorship and file form 32
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13 July 2009
thanks for your suggestion Mr. Srinivasulu. Could you please let me know can we pass an ordinary resolution....
" RESOLVED that the board of directors has decided
To bar Mr. RAM,Director for execuitng any financial,Operational activities on behalf of ABC Pvt. ltd and its Subsidiaries
To initiate legal action against him to recover the financial losses incurred
FURTHER The board of directors has decied to inform all Clients,Business partners,Associates and all other concerned parties of its decision and request them not to carry out any financial transaction or agreement with Mr. Rakesh Dadhich ,for which the company would not be held responsible.
" RESOLVED that the board of directors has decided
To bar Mr. RAM,Director for execuitng any financial,Operational activities on behalf of ABC Pvt. ltd and its Subsidiaries
To initiate legal action against him to recover the financial losses incurred
FURTHER The board of directors has decied to inform all Clients,Business partners,Associates and all other concerned parties of its decision and request them not to carry out any financial transaction or agreement with Mr. Rakesh Dadhich ,for which the company would not be held responsible.
13 July 2009
Yes you may remove him from directorship u/s 284 of the companies act, 1956 by passing an ordinary resolution of shareholders in the general meeting.
Remember court will not help you in his removal as long as section 284 is there for your help.
You should contact some corporate lawyer for proper redressal of your problem.
Regards
Remember court will not help you in his removal as long as section 284 is there for your help.
You should contact some corporate lawyer for proper redressal of your problem.
Regards
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13 July 2009
Thanks Ankur, But at present we don't want to remove him from directorship. We only want to pass a resolution to the effect from barring him from execuitng any financial,Operational activities.
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