new directors from majority group are appointed, but old directors refuse to file form 32 or hand over management. what is the remedy.
6 Replies
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 28 June 2012
No director can be removed from teh directorship unless and untill they give the resignation. there can only be the situation where the directors can be removed is when Board meeting is to be held and notice is sent to the directors and they do not attend the three consecutive meetings.
CS. DISHA SHAH
(Properitor of D. M. SHAH & CO. COMPANY SECRETARY)
(394 Points)
Replied 28 June 2012
By Section 284(1) a director can also removed by Share holders,,,,
A special notice from a member of the company proposing an ordinary resolution for removing the director is necessary.
You have to held GM,,
Heard the director once and then, by ordinary resolution can remove the director...
file e-Form - 32,,,
Refer Section 284(1) of Companies Act, for the same.
sharad
(director)
(57 Points)
Replied 03 July 2012
Thanks Disha ji,
But now form32 will hav to be filed by the new directors, whose form 32 for their apptmnt is not yet on record on the RoC website. Do they have to approach CLB / RoC / NCT
sharad
CS. DISHA SHAH
(Properitor of D. M. SHAH & CO. COMPANY SECRETARY)
(394 Points)
Replied 03 July 2012
sorry i dnt get you, what meant by not yet on record on ROC website?? Means you have filled e-Form - 32 for appointment of new directors or not?
sharad
(director)
(57 Points)
Replied 03 July 2012
Disha ji,
EGM held in May fr apptmnnt of new Directors C & D, who are now majority shareholders since March.
Old Director A is Authorised to file form 32.
Now both old Directors A & B refuse to file form 32 for the new ones C & D, ( trying to extract ransom)
EIther C & D hav to approach RoC or CLB for relief to get form 32 filed by themselves, or even if
C & D hold new EGM to remove old Directors A & B, the MCA 21 site will not accept the removal F 32 by new DIrectors A & B, as they r not yet on record. Again CLB / RoC hav to be approached
CS. DISHA SHAH
(Properitor of D. M. SHAH & CO. COMPANY SECRETARY)
(394 Points)
Replied 03 July 2012
Okay so u hv to approach CLB,, for the signature purpose of e-form - 32,,,,
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