Online Procedure for Removal / Resignation of a Director as per the Companies Act, 2013
Get 360° Online Assistance from India’s Recommended CA Panel in Complete & Quick Removal / Resignation of a Director at an Unbeatable Price
Registration for Removal of a Director Process
In India, Registered Private and Public Limited Company need 2 and 3 Directors respectively on board. But, due to numerous cases, an entity may change the individual holding the designation following Section 169 of the Companies Act, 2013 of the Indian Govt. Specialized CA Panel of Legal Vidur will assist the Shareholders of an Organization in the Director’s Removal or Resignation process following the norms of Ministry of Corporate Affairs (MCA).
As per the Companies Act, 2013, in case of not appointed by the Central Govt. of India, an organization can remove a Director for various reasons:
• The appointed Director is not attending the Board Meeting for more than 12 months in a row
• Resignation is filed by the concerned Director himself/herself
• The Director is convicted by a Court and Sentenced to Imprisonment
• Ineffectiveness of the existing Director
• Hiring new Expertise on board
• If the Director is suffering from Mental Disorder or becomes Bankrupt
• The concerned Director is not responding to the Notice sent by the Organization
In the Removal of a Director (if not appointed by the Central Govt.) proceedings, the following individuals can take part:
• Shareholders holding not less than Rs. 5,00,000 capital in the Organization
• Shareholders holding not less than 1% voting power in the Board Meeting
Following the provisions of the Companies Act, 2013, within 30 days from the resignation procedure, an entity is mandated to file DIR-12 Form addressing the dislodged Director’s credential to the Ministry of Corporate Affairs. Failing to do so would lead to penalties and legal complexity:
• One time amount of the definite Govt. fee for not filing the DIR-12 within 15 days
• Twice the Govt. fee for not filing DIR-12 within 30 days
• Step-by-step Online guidance to get GST Certificate and Carrying Out Filing Process
• For not filing the Form within 31-60 days, four times the Govt. fee
• For more than 180 days of not filing the DIR-12, 10 times the Govt. fee and may lead to a Court Trial as well
*Actual Govt. Fee: Rs. 300
Documents Required
- Form DIR-11 Filing:
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This form is required to be submitted in the time of removing the Director from the organization. Here, two documents are needed to be attached -
• Resignation Letter of the concerned Director
• Digital Signature Certificate of the concerned Director
- Form DIR-12 Filing:
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With this form, the documents that are needed to be attached- -
• Resignation Letter of the concerned Director
• Board Resolution regarding the Removal of Director process
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Frequently Asked Questions (FAQs)
• The appointed Director is not attending the Board Meeting for more than 12 months in a row
• Resignation is filed by the concerned Director himself/herself
• The Director is convicted by a Court and Sentenced to Imprisonment
• Ineffectiveness of the existing Director
• Hiring new Expertise on board
• If the Director is suffering from Mental Disorder or becomes Bankrupt
• The concerned Director is not responding to the Notice sent by the Organization
• Resignation Letter of the concerned Director
• Board Resolution
• DSC of the Concerned Director
• Personal Credential of the Concerned Director
• For Public Company: Minimum 3 Directors
• For Private Company: Minimum 2 Directors
• For One-Person Company: 1 Director
• In-house Advisory Panel always at your disposal for in-depth Business Assistance
• Step-by-step Online guidance to get completed with Director’s Removal / Resignation process
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