Consented Resignation from the Board of Directors of a Company.
Removal from the Board of Directors of a Company without resigning Director’s consent.
Removal from the Board of Directors of a Company without resigning Directors consent by serving notice.
Resign from Directorship
A company Director is a living person entrusted by the shareholders to manage the affairs of the company. Eazy Startup offers an easy process for resignation of directors from Rs.3899/-
The Director of a company is a person elected by the shareholders for managing the affairs of the company as per the company’s Memorandum and Articles of Association. There could be any reason why the Company Director may wish to resign, or the Board of Directors or Shareholders may wish to terminate a Director. A Director may resign or be removed, in such cases, by filing the intimation of change of Director with Ministry of Corporate Affairs.
The process to resign as Company Director and the removal of Director by the Board or Shareholders vary. The resignation of the Director of a company can be accomplished by giving a notice in writing to the company. The Board is obliged to file the necessary filings with MCA within 30 days from resignation or termination. A Director can also file a copy of the resignation letter to the ROC directly using a different set of forms.
Eazy Startup is the market leader in company registration services in India, offering a variety of services like company registration, trademark filing, GST registration, income tax filing and more. We can help you with the process to effect resignation of director of a company. It takes an average of 10-15 days to file for resignation of director, subject to government processing time and client document submission. Get a free consultation on procedure for resignation of director by scheduling an appointment with us.
By virtue of the Articles of Association of the company, or a written agreement with the company or a resolution passed in its general meeting, or through its Board of Directors, is a Managing Director of a company appointed. This awards the Managing Director substantial powers to manage the affairs of the company.
An Executive Director is one who is in full-time employment of the company. They are greatly involved with management and the managing of the affairs of the company.
An Additional Director is one appointed by the Board of Directors between two annual general meetings, subject to the provisions of the Articles of Association of the company. Additional Directors may hold office only up to the date of next annual general meeting of the Company.
An Ordinary Director is one who attends the Board Meetings of a company and participates in the matters put before the Board of Directors. These Directors are simple directors who are neither full-time Directors nor Managing Directors.
An Alternate Director is someone appointed by the Board of Directors in a general meeting to act for the original Director during his/her absence for a period longer than three months. In general, an alternate director is appointed in place of a person who is a Non-Resident Indian or to represent Foreign Collaborators of a company.
The process of removing a Director from the Board of a company would depend on the structure of the existing Board of Directors. Our Experts shall advise you on the procedure relevant to you.
Once you obtain an understanding of the procedures involved in removing a Director from your Company, our Experts shall draft the necessary Resolutions for the procedure.
Once the Board Resolutions are passed, our Experts shall prepare and file the necessary documents with the Ministry of Corporate Affairs to register the removal of Director.
Q: Can a director resign from the company?
A: Yes, a director can resign himself or herself voluntarily by firstly giving a resignation letter stating the reason and date of the resignation from the company. And also should intimate to the MCA regarding the resignation by filing an e-form within 30 days.
Q: Procedure for removing a director
A: By passing resolution in either annual general meeting or extraordinary general meeting, a director can be added or appointed to the board of directors. By a simple majority, ordinary resolutions can be passed. Company should file the resolutions along with the essential forms and the Digital signature of the directors or the Secretary of the company to the Ministry of corporate affairs as soon as the resolution is passed to remove a director.
Q: Is a director liable for any liability of the company after his/her resignation?
A: After submitting the resignation letter and receiving the acceptance from the board, director is not liable for liabilities incurred after his resignation is accepted, but is liable to those consequences occurred during his tenure as the director in the company, though he is not a director anymore.
Q: Reasons for the removal of a director
A: Following are some of the reasons for the removal of director