Removal of Director Professional & Compliance-Focused

Yes, a company may remove a director in accordance with the applicable provisions of the Companies Act, subject to the specific circumstances and statutory requirements.

No. Resignation is initiated by the director, whereas removal is a corporate action undertaken through the applicable statutory procedure.

Section 169 of the Companies Act, 2013 generally deals with removal of directors, subject to its conditions, exceptions and other applicable provisions.

For removal under the applicable statutory procedure, special notice requirements generally need to be considered. The exact requirements should be checked for the particular company and circumstances.

The applicable statutory process provides protections regarding representations and hearing for the concerned director. The specific procedure should be followed carefully.

The company generally reports changes in directors through DIR-12, subject to the applicable MCA filing requirements and circumstances.

Additional provisions and requirements may apply depending on the type of director. Independent directors have specific statutory provisions that should be considered separately.

The company should promptly review its Board composition and take appropriate steps to ensure compliance with the applicable minimum director requirements.

Legal Chalo can assist with the applicable documentation, corporate process, resolutions, MCA filing and related compliance support.

Depending on the circumstances, a director may have legal remedies or rights available under applicable law. Specific disputes should be reviewed by a qualified professional based on the facts.