| Originally posted by : Nitin Grover |
 |
Dear Friends
In my Views as per section 284 Shareholders of the company may , by passing ordinary resolution at a general meeting remove a director before the expiry of his office.
A Special Notice is required of the intimation to move an resolution for the removal of a director not less than 14 days (clear 14 days)
Company will intimate to members abt the notice of the resolution atleast 7 days before or advertisement in news paper.
Now as per Regulation 48(1) or 48(2) you can call EGM and then remove the other director and appoint another person as a director in the same meeting.
Regards
Nitin Grover
|
 |
Dear Nitin,
The BM or GM cannot be held due to lack of quorum...
Please check the same again, even in the regulation that u have mentioned above...
Sch. I Table A Regulation 48 THE FIRST SCHEDULE [See sections 2(2), 14, 28(1), 29 and 223] A REGULATIONS FOR MANAGEMENT OF A COMPANY LIMITED BY SHARES
48 GENERAL MEETINGS
(1) The Board may, whenever it thinks fit, call an extraordinary general meeting.
(2) If at any time there are not within India directors capable of acting who are sufficient in number to form a quorum, any director or any two members of the company may call an extraordinary general meeting in the same manner, as nearly as possible, as that in which such a meeting may be called by the Board.
Section 287
QUORUM FOR MEETINGS.
(2) The quorum for a meeting of the Board of directors of a company shall be one-third of its total strength (any fraction contained in that one-third being rounded off as one), or two directors, whichever is higher :
174. Quorum for meeting
(1) Unless the articles of the company provide for a large number, five members personally present in the case of 1[public company (other than a public company which has become such by virtue of section 43A), and two members personally present in the case of any other company,] shall be the quorum for a meeting of the company.
CAclubindia
