Permanent Director removal of Pvt Ltd company

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 January 2011 While reading the AOA I found the following:

"The three Directors mentioned hereinabove in Article 31 (a) shall be
permanent Directors and shall remain Directors for life or until they
voluntarily resign their office."

With this statement in AOA, still can one of the Director be removed from directorship. Does Section 284 or any other section of company law overrules
whatever is mentioned in AOA.

Pl advise.

udit sharma

udit sharma (Expert)
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12 January 2011 Hi...

In my opinion, AOA of a Company cant supercede the Act. Therefore, Permanent Directors can be removed in accordance with the provisions of section 284 of the Companies Act, 1956.

Views of eminent experts are solicited....

God Bless

CS Udit Sharma