REMOVAL OF DIRECTOR
Director removal services @ Rs 2999 (Professional fee)
- Documentation as per the Companies Act 2013
- E-forms filing with ROC
- Time required: 4-5 working days
- Dedicated account manager
- 100% Online Process
WHAT IS REMOVAL OF DIRECTOR?
Cessation of a Director of the company can happen in two situations, either by the company i.e Removal of Director or voluntary by the Director i.e. Resignation by the Director. Resignation of a director voluntarily can take place when the director presents a wish to resign for whatsoever reasons. On the other hand, a director can also be removed involuntarily by the company before the end of his/her tenure. Form DIR 12 is required to be filed within 30 days of cessation with an attachment of resolution passed for removal and resignation of the director.
On the receipt of the resignation letter from any director of the Company, the Company shall acknowledge the same and be liable to file Form DIR-12 for intimation of such resignation to the ROC.
The company has the authority to remove a director by passing an ordinary resolution provided the director was not appointed by the Tribunal or the Central Government. However, the director can challenge the removal, and it could lead to legal complications. At Provenience, we offer plans that may suit different company needs. We take care of all the compliance and legal procedures so that there are no complications later.
Requirements
- The Company must have at least two Directors in Private Limited, three directors in Public Company and one Director in OPC after resignation of the Director.
- The Resigning Director must give notice of his resignation to the Company as per provisions of the Companies Act.
- Resignation Letter from the Director and the evidence of management’s acceptance of it.
Removal of Director Procedure
- 1
Resignation Letter
In case of resignation, the resignation letter from the outgoing Director is required.
- 2
Special Notice
In case of removal, a special notice shall be sent by eligible members as specified under the law.
- 3
Holding of Meeting
A BM shall be held to discuss the matter for resignation/removal. EGM is an additional requirement in case of removal of director.
- 4
Filing of Form
Filing of form DIR 12 for cessation within 30 days of passing resolution.
customer stories
Bhanu has been working for Unifii for the last 1.5 years and as our accountant and Legal advisor. His knowledge and attention to detail have aided in keeping our company on track during recent times and through a major restructure. I feel confident in recommending Bhanu's and his team's professional services. He is not only thorough but also easy to work with and always willing to take the time to discuss my concerns and respond to questions.
Harneet Singh
Sydney, New South Wales, Australia
He is proactive, result oriented, and a responsible person. He is always ready to put all his energy and time to get the work done in the best possible manner. Bhanu is a well connected professional that always takes the time to support anyone is his network. I wish him all the best.
Smriti Anand
Extremely professional, time oriented and supportive are three words that goes perfectly well for Bhanu. He is my go to person for all accounting queries and requirements. I strongly recommend his professional services to all. Besides he is a great human being to know.
Sarita Chauhan
Chairman & Director Farsighters Network and Communications Pvt Ltd
I've worked closely with Bhanu. He is a very thorough and confident person. He knows his work well and tries to improvise in everything. Wish you luck Bhanu!
Harcharan Singh
Chartered Accountant UAE
Bhanu is a person to count upon, with his expertise in his domain and knowledge he brings on you can reach him with a problem any time. His appetite to listen and understand the issue makes him the man for the job. He is proactive, energetic and a resourceful guy. My best wishes to Bhanu and Provenience for future endeavour.
Ashwani Soni
Founder, Addensure Media LLP
Provenience is perfect to partner with in your startup or corporate journey. Seamless service and support provided by team is really helpful specially when you are trying to setup your venture. I would like recommend Provenience to every startup.
Amit Tyagi
Founder, Onmytap- NETWORK FOR PROFESSIONAL GROWTH
Bhanu is one of the most sincere and trustworthy person I have come across. He is extremely ethical and is completely customer focused. His hard work and dedication is commendable and with him handling the legal as well as taxation things are always in order and compliant. Keep up the good work Bhanu. Wishing you more and more success as you grow.
Kiranjeet Kaur
Co-founder, Executive - Brightsandz Clean Tech Pvt Ltd
Price
Frequently Asked Questions (FAQs)
An individual appointed under the provisions of Companies Act, 2013 and rules framed thereunder to manage and take business decisions of the company is known as director and group of directors collectively form the Board of Directors.
No, removal and resignation are two separate situations. Resignation is when the director voluntarily gives resignation and presents a wish to resign, whereas removal is when the director is forced to step down.
No, the director can only be removed with the approval of shareholders, and hence Directors can't remove another director themselves.
Form DIR 12 is required to be filed within 30 days of cessation with attachment:
- Resolution passed for cessation
- Resignation letter of the director. Other relevant documents.
Before removing a director, it is essential to get approval from the board and pass a resolution. It is also essential to ensure that the number of directors does not fall under the statutory limit.
The company has the power to appoint a new director within six months from the date of the removal of the director.
No, only an individual is allowed to become a director in the company. However, representative of the LLP or a company can act as a director.
No, a director can continue holding the shares of the company even if no longer continues to be the director. However, if any condition was set in AoA during their appointment, then the procedure will have to be followed accordingly.