Online Procedure for Removal / Resignation of a Director as per the Companies Act, 2013
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Registration for Removal of a Director Process
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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. Specialised CA Panel 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
- Country’s most Efficient CA panel will be Managing Complete Removal / Resignation of Director Process
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Who Can Apply for FSSAI Modification?
As per the latest Notice issued from FSSAI FoSCoS authority, only selected categories of FBOs can now apply for a Modification. They are namely:
- Any Registered Food Business Operator
- Food Manufacturers
- Food Processing units
- Food Repackers
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Packages
Basic
2999
- Resignation of a Director from the Board of Directors of a Company with resigning Directors’ consent.
Standard
3999
- Resignation of 2 Directors from the Board of Directors of a Company with resigning Directors’ consent.
Premium
4999
- Resignation of 3 Directors or more from the Board of Directors of a Company with resigning Directors’ consent.
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Fill-up the Form & make the Payment
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Upload the Documents & Details as requested over call
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The Expert will Prepare and ask for Your Approval for Removal of Director process
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Required Documents for Removal of a Director’s Process
Form DIR-11 Filing:
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:
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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FAQ
The shareholders and the Board can arrange for a meeting by giving a 7-day notice to all the existing directors. In the meeting, the decision for removal of the Director can be taken unanimously by sending a notice to the concerned Director.
The process may takes place for different reasons, such as:
- 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 process, the required documents are namely:
- Resignation Letter of the concerned Director
- Board Resolution
- DSC of the Concerned Director
- Personal Credential of the Concerned Director
The number of Directors differ on the basis of classification of the organization:
- For Public Company: Minimum 3 Directors
- For Private Company: Minimum 2 Directors
- For One-Person Company: 1 Director
Usually, an organization can proceed with an unanimously accepted Notice from the Board Meeting to complete the removal process within 14 days.