According to the Company Act 2013, every company is required to have a minimum number of directors to manage the company. While the minimum number of appointed directors for private company is two, for public company it is three. The company needs to notify and file the removal of a director with Ministry of Corporate Affairs (MCA) in case of resignation of a director or removal of director. The Registrar of Companies (ROC) strikes off the name of the concerned Director from the master data of the company.
There are three cases where the company needs to file the Removal of Director with MCA
- When the Director himself gives the resignation. In such case the Board decides whether to accept or decline the resignation. On acceptance of resignation by the Board, it passes the resolution and files the Removal of Director with the MCA.
- When the Director is removed suo-moto by the Board. The company has the authority to remove a director, unless appointed by the government. The extraordinary general meeting is held with the purpose of passing ordinary resolution in favor of removing the director. However, the concerned director is given the opportunity to be heard before passing the resolution. With ordinary resolution passed, the company files the Removal of Director with MCA.
- When the Director does not attend three consecutive Board Meetings, ie, if the Director is absent from Board Meetings for 12 months even after receiving prior notice. According to the Company Act, 2013, the concerned Director’s seat is deemed vacate and the company files Removal of Director with MCA.
Filing notification for Removal of Director is an easy procedure and takes 10-15 days. However, in case of termination of Director by the company, the concerned Director can raise objection and may require legal assistance. Getting guidance from an informed professional is the best solution and hence Jain Divya & Associates can be helpful. We help you file Removal of Director with MCA. To know the detailed procedure for Removal of Director and other company compliances, schedule an appointment with Jain Divya & Associates.
Types Of Directors
- Managing Director
- Executive Director
- Additional Director
- Ordinary Director
- Alternate Director
The procedure for adding the directors of the company depends on the type of director being appointed. Jain Divya & Associates can conduct detailed study about the requirement of the company and can help in notifying the MCA about the addition of Director to the company. Schedule a consulting session with Jain Divya & Associates to know more about different corporate filings and compliances.
Our Role in Filing Removal of Director
- Depending upon the decision of the Board of Directors of the Company, the procedure for Removal of Director is followed.
- We advise you on the summoning a general meeting and passing the required resolution. We help you draft the resolution and prepare all the documents & forms required to be submitted.
- We help you file the Removal of Director with the MCA.