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Removal of director

18 April 2019

ABC LTD HAS ONE DIRECTOR WHO DOES SUICIDE BEFORE ONE YEAR BUT HIS HIS DEAD BODY IS NOT YET FOUND .. SO HOW CAN COMPANY REMOVE THAT DIRECTOR. WHATS THE PROCEDURE.

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16 Replies

CA.Pankaj Rawat (Chartered Accountant) (1381 Points)
Replied 18 April 2019

pass BR related to cessation,take death certificate from concern and attach with DIR 12 than file it.

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meenakshi upreti (99 Points)
Replied 18 April 2019

BUT DEAD BODY WAS NOT FOUND SO THAT MUNICIPALITY NOT ISSUED THE DEATH CERTIFICATE

CA.Pankaj Rawat (Chartered Accountant) (1381 Points)
Replied 18 April 2019

as per section 167 office of director is vacated if he does not attend all BM during last 12 month.so his office is automatically vacated as per section 167.you need not to file dir-12.

meenakshi upreti (99 Points)
Replied 18 April 2019

BUT HIS DIRECTOR STATUS SHOWN ON MCA PORTAL

Jatin Bajaj (CS) (2930 Points)
Replied 18 April 2019

Pursuant to the provisions of Section 169 of the Companies Act 2013, a Director of the Company can be removed by passing the Board resolution and as per the provisions of Section 107 of the Indian Evidence Act and subject to the provisions of the Hindu Act, a person is persumed to be death if he is missing for the period of 7 years but in such a case as Director is absent and has not attended the Board meeting for a continous period of one year, then he may be removed as per the provisions of Section 167 of the Companies Act 2013.