Resign/Remove a Director in any Company starting from ₹ 2,999/-
Get Started By paying Rs. 2,999/-
Introduction
Resignation of a Director should be the choice to be exercised by a Director. In the case of resignation, the Director should establish the proof of delivery of such information to the company and to discharge him/her from any liability in this regard, or any other events taking place in consonance to his having intimated his decision to resign from the Company. A Director either own its own can forward to the Registrar of Companies a copy of its resignation letter within a prescribed period along with proof of delivery to the company in a prescribed e-form upon payment of fees or he/she can serve the copy of resignation letter to the Company which can be accepted and acknowledged by the Company and the said Company can file the respective e-form in order to remove the name of the Director from the Board of Directors of the Company. The resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later.
Sprinthub Solutions can help you with the resignation of the Director from the Company just by following certain steps by providing the best assistance, timely delivery and guaranteeing the highest customer satisfaction You may get in touch with our team on 096436-69475 or email info@sprinthub.in
What is the Need to Hire a New Director
Broadening the base of Director's
For operational and managerial responsibility without the dilution of ownership
Maintaining the statutory limit for minimum number of Directors
Requirement of Agreements or due to statutory regulations
Minimum Number of Director
In case of Private Limited Company - Minimum Two Directors and Maximum Fifteen
In case of Public Company - Minimum Three Directors and Maximum Fifteen
In case of One Person Company - Minimum One Director
Documents Required
Minimum Requirements for Appointment of a Director
Sound mind
Not be un-discharged as an insolvent.
Not applied to be adjudicated as an insolvent for which application is pending
Not be convicted by a court of any offence or sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence
The court or Tribunal has not passed any order for disqualification against the person being proposed to be appointed as Director
Not failed to pay any calls in respect of any shares of the company held by him/her, whether alone or jointly with others and six months have elapsed from the last day fixed for the payment of the call.
Must have a Director\’s Identification Number
Process of Resignation of the Director of the Company
Complete the Application Form
Drafting of Resignation Letter and Board Resolution and Filing the same with ROC
Document Processing
Approval from the Ministry of Corporate Affairs
More Insights on Resignation/Removal of Director
There can be various reasons for the removal and resignation of the director. The Companies Act, 2013 lays down the provisions regarding the same.
Vacation of Office of Director U/s 167
Sometimes the office of directors becomes vacant on the happening of certain events which are described below. In such cases the board needs to remove such directors by filing FORM DIR-12 after passing the board resolution within 30 days of the occurrence of any event.
(a) The director is disqualified as per section 164;
(b) The directors does not attend all the meetings of the Board of Directors held during a period of twelve months;
(c) The director violated the provisions of section 184 and enters into any contracts or arrangements in which he is directly or indirectly interested;
(d) The directors doesn’t discloses his interest in any contract or arrangement in which he is directly or indirectly interested
(e) The director becomes disqualified by an order of a court or the Tribunal or convicted by a court of any offence, and sentenced to imprisonment for not less than 6 months
Resignation of Director Us/ 168
The director can himself resign from the company due to any personal circumstances or his preoccupation elsewhere by giving a notice in writing of his resignation to the company. The notice of the resignation should be served by mail or post for informing the board of directors and the company and the proof of the same should be retained. The director can file DIR-11 on his behalf within 30 days for confirming his resignation
Removal of Director U/s 169
A company can remove any director unless he has been appointed by the Tribunal before his tenure by passing an ordinary resolution after providing him a reasonable opportunity of being heard. A special notice is required for such removal and such director is entitled for attending the general meeting and be heard on resolution of the meeting. After passing the resolution, the company needs to file Form-DIR-12 with the Ministry of Corporate Affairs for his removal.