Nagendra (Director) (28 Points)
20 August 2009sir
we are running a company with 3 directors of which 1 director is running a parllel company (similar business) without board approval and he is not actively participant in the day to day activities of the company from past 1.5 years but now is requesting for accessing accounts of the company , we are worried as this might get him to view our creditors/debtors please let me know to marginalise this director, his shareholding in the company is 25%
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 August 2009
Hi,
You may remove such director under section 284 by passing an ordinary resolution of shareholders.
If you are a public company then before removing such director appoint another director. Only after proper appointment of new director remove the director creating nuisance.
If you are a private company then no need to appoint another director. You may directly remove him.
In case of any problem please revert.
Regards
Nagendra
(Director)
(28 Points)
Replied 20 August 2009
| Originally posted by :Ankur Garg | ||
| " |
Hi, sir if the director has not attended the office for 1.5 years is he eligible for renumeration and can he inspect the accounts legally we are worried as he is running a similiar parallel business please reply |
" |
Nagendra
(Director)
(28 Points)
Replied 20 August 2009
sir
if the director has not attended the office for 1.5 years is he eligible for renumeration and can he inspect the accounts legally we are worried as he is running a similiar parallel business please reply
Rajeev Sood
(service)
(37 Points)
Replied 08 December 2011
what is the notice period needed for this resolution under sec 284
Nikita Doshi
(Article)
(21 Points)
Replied 08 December 2011
Hi,
Please can someone tell me that what is the procedures & Form Nos to retire a director of a co.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 08 December 2011
If a director is to be retired under section 255 and 256, just mention it in the notice of AGM and file form 32 for the same.
Otherwise take resignation from the director, took note of the same in any Board Meeting and file form 32.
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 08 December 2011
Mr. Nagendra
If the director has not attended the office for last 1.5 years, it means he was absent in the Board Meetings. Continuous absence in 3 BMs without granting of leave automatically vacates his office under section 283(1)(g). Just file form 32 and pass a board resolution for vacation of office.
Then he will not be on the Board.
Regards,
NR
(MD)
(23 Points)
Replied 22 December 2011
what is remedy for a director instigating staff against the managing director of a private ltd Co?
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