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removal of director in pvt company

sandhya sethia (trainee) (142 Points)

10 September 2010

there is a lady she appointed herself as director by filing form 32 and after 6-7 yrs company comes to know that there is a ldy who is also director of company although she ws nt appointe dby any of members or directors

company wrote a letter to roc to remove her as director that lady is nt a director c herself has appointed her

but roc said it doesnt have power to remove her that lady name comes in view signatory details of company at mca

The company is PRIVATE COMPANY

plz suggest how to remove her

can we go for section 260 by not regularizing her as her name is coming in view signtory details i feel that we cant so plz suggest

how to remove her

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8 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 10 September 2010

Hi,

There is no need to worry. You may remove her from the post of director by passing an ordinary resolution of members in general meeting u/s 284 of companies act, 1956.

After removal file form 32 with ROC within 30 days of passing ordinary resolution in general meeting.

Regards

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sandhya sethia (trainee) (142 Points)
Replied 10 September 2010

that director has not attended the board meeting 4 3mths is it possible to go under section 283

and under section 284 we hav to show his representation and form 32 mein cessation of eveidence

sandhya sethia (trainee) (142 Points)
Replied 10 September 2010

plz rply as soon as possible

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 10 September 2010

Yes you may also take the route of section 283(1)(g) violation if no leave of absense requested by said director.

In that case noting in BM is enough and file form 32. Date of deemed vacation would be the date on which violation of section 283(1)(g) actually occures. So calculate the date carefully and file form 32 with late fee.

Regards

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sandhya sethia (trainee) (142 Points)
Replied 10 September 2010

i have to ask one thing more that in case name of lady appears in view signatory details is that means that her appointment has been regularised in case of additional director

or is that means she is appointed as director

can we go to clb for removal of director as she herself signed form 32 nd become director

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 10 September 2010

No...

For change in designation from additional dir to regular director form 32 is required. So just go ahead. According to me there no funda of automatic change in designation.

Regards

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