Resignation/Removal of Director
Resignation of Director is covered under Section 168 of Companies Act, 2013, which states that a director may resign from office by giving notice in writing to the company and the Board and also shall intimate to the Registrar. Removal of Directors is covered under Section 169 of Companies Act, 2013 which states that a company may by ordinary resolution not being director appointed under Tribunal u/s 252, remove a director, before expiry of the term after giving reasonable opportunity of being heard.
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FAQ on Resignation/Removal of Director:
What are the compliances for Resignation/Removal of Directors?
DIR 9 A Report by a company to ROC for intimating the disqualification of the director DIR 11 Notice of Resignation of Director to Registrar (By the Director) DIR 12 Notice of Resignation of Director to Registrar (By the Company) DIR 5 Application for Surrender of DIN DIR 10 Form of application for removal of disqualification of directors
What is the difference between Resignation of Director and Removal of Director?
- Resignation is a voluntary process initiated by the Director himself and Removal of Director is a forceful act of removing the Director by the Company.
When there are only 2 directors in a company, can 1 director resign from the company?
- No. First an Additional Director has to be appointed and then resignation can be initiated.
Different situations on which director may leave the Company?
- Retirement of Director, Death of Director, Disqualification or Ineligibility to act as director, Director Resignation, Removal of Director.