Remove Director
The person who are appointed or elected by the shareholders of the company for the purpose of managing the affairs of the company is known as director of the company.as company is an artificial judicial person created by law , so the company can only act by or through some natural persons.
In case it is necessary to remove any director from the company there is a need of 50% vote at a shareholders meeting by the shareholders. It is not necessary that there is a reason behind that meeting.in case only one shareholder has majority of shares so he can take alone 50% shareholding so he can decision alone if he want to remove any director from the company . For a company it is always necessary that company have atleast minimum two directors .in case if a company has only two directors and if any one of the director want to resign from the position of directorship so there is a basic need to appoint any other person as a director immediately before his resignation from company.
As per day to day requirement of the company sometime there is need of remove directors from the company from a different position like additional director/small shareholder director/independent director/executive director/non executive director/managing director/etc.based on the requirements of the business.
Sometime it is necessary to remove a director if the board of the director or shareholder wish to remove him in favour of company business,and sometime if any person as a director is not comfortable with his position so he may resign from his position by intimating to the company with his resignation letter.
For removing a director as a director from the company ,it is required that the board of directors of the company take a consent from the director that he has no objection regarding his removal from directorship.
So, for making such resignation or removing of the director from the company, there are some forms which needs to be filed to the registrar of the companies depending upon which type of director the company is removing. Such filing is a must for the company.
