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Updated on 27 Sep 2023 9.00 AM IST | 4 min read
Remove a Director from the Company
The minimum directors required for a public limited and a private limited company is 3 & 2 respectively. There are many reasons for removal of director from a company.
A director is removed in the following 3 situations –
- Director himself gives the resignation
- Director removed by passing an ordinary resolution
- Director does not attend three board meetings in a row.
What Is Included In Our Package?
Eligibility Consultation
Document Preparation
Application Drafting
Government Fees
Documents Needed to be Filed by the Outgoing Director
Fines & Penalties on Non-Filing of Form Mgt – 14
If the company fails to file e-form MGT-14 within 30 days of passing of board resolution, the penalty for the same will be –
- Up to 15 days – 1 time of actual government fee
- More than 15- 30 days – 2 times of actual government fees
- More than 30 days – 60 days – 4 times of actual government fees
- More than 180 days – 10 times of actual government fees.
In case of non-filing of form MGT-14, fine of minimum Rs.5 Lakh is to be charged from the company which may be extended to Rs.25 Lakh.
Fines & Penalties on Non-Filing Of Form Dir-12
If the company fails to file form DIR-12 within 30 days of appointment/resignation, the penalty for the same will be -
In case, company fails to submit form DIR – 12 within 300 days of passing of resolution, company will be charged 12 times of actual government fees plus compounding offence.
Remove Directors FAQ’S
- Submission of form DIR-11
- Board resolution
- Copy of resignation letter
- Proof of delivery of the resignation letter
- Director himself gives the resignation
- Director removed by passing an ordinary resolution
- Director does not attend three board meetings in a row.
- Up to 15 days – 1 time of actual government fee
- More than 15- 30 days – 2 times of actual government fees
- More than 30 days – 60 days – 4 times of actual government fees
- More than 180 days – 10 times of actual government fees.
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