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Reg-Directors-Pls Clarify

Vani.A (CS) (168 Points)

04 May 2010

Hi Friends!

Good morning

In a public company there are 4 directors. 1 director is not attending any of the board meetings and is not having any communication with the Company. He is not requesting leave of absence but they are writing leave of absence in the attendance sheet. The Company has not filed annual return from 2008 due to the non-availability of din of this director.

Is it possible to cease the director from that the office who s not having any communication with the Company(sec 283). Even if ceasing, in Form 32 din s required la. What are the possible solutions?

What can we do for foreign directors in the above siuation?

Pls send all ur valuable suggestions.

Regards

Vani.A

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2 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 04 May 2010

Now you cannot invoke section 283 as you have already mentioned on the attendance sheet and granted leave of absense to the concerned director.

To invoke section 283 absense is required without leave of absense.

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Vani.A (CS) (168 Points)
Replied 04 May 2010

Hi Sir

Thank you Sir.

But is it possible to leave the attendance sheeet blank . Then what can we do in such a situation. In 2010 also the company cannot file annual return due to non availability of din of this director. So according to sec 274(1)g all the directors 'll be disqualified. Is there any procedure to be followed to remove the directors from the office.

Is there any requirement for filing form-32

Regards

Vani.A