Termination of directorship from pvt ltd co.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 July 2014 Dear Concern,

I am holding 49% shares in Pvt Ltd Company, and want to know is it possible to Terminate the Directorship of 51% Share Holder director. 2nd Director is ready to leave the company.

Other Case :- Can i make another director once he will withdraw his share.
let me know the process & required documents.

Ankur Garg

Ankur Garg (Expert)
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17 July 2014 Hi,

1. First you have to appoint third director and complete ROC formalities.
2. After updation of ROC record with third director you can proceed to file resignation of old director.
3. When 2nd director is ready to leave the company then there is no point terminating him.

You cannot appoint new director on your own as the same can be appointed in a proper board meeting.

Thanks

Ankur Garg

Ankur Garg (Expert)
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17 July 2014 Procedure for appointment of Additional Director u/s 161

1. First collect DIN No. of proposed director and get it approved from MCA.
2. Collect consent letter from the proposed director. (Recommended but not compulsory)
3. Convene a Board Meeting for appointment of director
4. Download Form-DIR.12 from www.mca.gov.in
5. Fill form-DIR.12 and get it certified from a PCS/PCA and upload the same on MCA site for ROC filing within 30 days from the date of Appointment of director (Board Meeting).

For detailed procedure refer my article available at the link below:

https://www.caclubindia.com/articles/procedure-for-appointment-of-additional-director-in-ca-2013-20653.asp

Thanks

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