Add a director service in Ahmedabad

Services provided for Resignation or Removal of director at K M Gatecha & Co LLP: 

• Digital signature services,
• Evaluation of cause of resignation or removal of director,
• Planning course of action,
• Collection or preparation of documents,
• Processing or uploading documents,
• Filling and filing forms,
• Replying to queries,
• Completion of procedure.

Documents required for resignation or removal of director: 

• Resignation letter or Notice of Removal of director,
• DSC token,
• Board Resolution for resignation or removal of director,
• Relieving letter for director,
• Acknowledgement of filing of Form for change in board of the company,
• Aadhar Card of Director,
• Any other documents required as intimated through e-mail.
• Other documents for removal:
• Photograph,
• PAN card,
• Identity proof document,
• Mobile number and email address,
• Notice given to director,
• Proof of dispatch of notice,
• Acknowledgement of form.

Process of resignation of Director: 

• Preparing resignation letter of director,
• Submission of letter to the Board of Directors of the company,
• Acceptance of letter and passing of resolution by board of directors,
• Filing of form DIR-11 with ROC,
• Filing form DIR-12 for change in board of directors of the company.

Process of Removal of Director: 

• Issuance of Notice of Removal to the director,
• Notice of removal to be sent to members for approval during board meeting:
• The notice should be served at least a week before the board meeting.
• Representation by director against the notice,
• Appeal to the Tribunal if applicable,
• Passing of board resolution,
• Filling and filing of for DIR-11 and DIR-12,
• Removal of director.

Reasons for Removal or Resignation of Director: 

• Dispute with board,
• Misuse of company resources,
• Violation, default, or non-adherence on director’s end,
• Recession of Nomination (if Director is appointed as a nominee for a particular transaction),
• If any criminal background is discovered or any criminal case is filed against director,
• Overdue returns which have not been filed by the director,
• Director is absent in three consecutive board meetings,
• Removal of director by stock/stakeholders,

Salient features related to removal of director in different sections under Companies Act 2013: 

• Section 169(1):
• General resolution is required,
• Director appointed by tribunal cannot be removed under section 169(1),
• Reappointed director must be removed by special resolution,
• Director cannot be removed if appointed under section 163 (principle of proportional representation).
• Section 169 (2):
• Special resolution is required to remove a director or to replace a director.
• Section 169(3):
• Special notice along with intention of removal is to be sent to director,
• Opportunity of presentation by director must be provided to the director.
• Section 169(4):
• Director must provide in writing to the company for representation and request to notify the members must be made,
• If tribunal is satisfied then the representation shall not be read out at the meeting.
• Section 169(5):
• The vacancy created due to removal of direction can be filled in same meeting if Special Notic is given under section 169(2):
• Section 169(7):
• The same director (who is removed) cannot be reappointed to fill casual vacancy.
• Section 169(8):
• The director removed is entitled to payment as per the terms of contract or employment,
• Director can be removed under any additional provisions of this act.
• Rule 79 of NCLT rules 2016:
• Any director can make an appeal to the Tribunal by filing Form NCLT-1.
• DIR 12 needs to be filed within 30 days from the date of resignation otherwise penalties will be applied on the Company.