How To Remove Company Director

Background :

Mr A try to contact Mr B ( another appointed director ) who is “missing ” .

And due to his ” absent ” , Company facing the following problem

  • Not able to present signed report to shareholder
  • Not able to meet the quorum for director meeting

HOW TO REMOVE HIM FROM THE BOARD OF DIRECTOR ?

According to the Companies Act :

152 (9)  Subject to any provision to the contrary in the constitution, a private company may by ordinary resolution remove a director before the expiration of his period of office notwithstanding anything in any agreement between the private company and the director.

BEFORE we proceed to remove Mr B, company must check the following on the company constitution :

  • Does the Company Constitution allowed to have 1 director ?

IF NOT appointment of NEW director is compulsory BEFORE removal of director taking place .

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