1
Removal of additional director on 16th September 2010, 4:41 pm
DHRUMITSHAH
As such additional director is appointed at
the board meeting. so, will the board meeting
be enough to remove them?
the board meeting. so, will the board meeting
be enough to remove them?
2 Re: Removal of additional director on 14th December 2010, 12:16 pm
gauravdutta2985
AS per your query a Board can remove the Additional Director
3 removal of additional directors on 6th February 2011, 6:11 pm
supersid
Dear Friends,
the Board can remove the additional director only if there is provision to the effect in the AOA of the company.
otherwise the any director can be removed by following the procedure as provided u/s 284 of the Companies Act, 1956.
further the additional directors shall hold office only up to the date of the next annual general meeting of the company.(provision to sec. 260 of the Act)
the Board can remove the additional director only if there is provision to the effect in the AOA of the company.
otherwise the any director can be removed by following the procedure as provided u/s 284 of the Companies Act, 1956.
further the additional directors shall hold office only up to the date of the next annual general meeting of the company.(provision to sec. 260 of the Act)
4 addl director on 20th March 2011, 3:57 pm
hareesh.cheemarla
board can remove addl director
5 Hiiii, on 19th April 2011, 1:11 pm
akansha singhal
For removal of director (any kind) you have to pass an ordinary resolution u/s 284 in the general meeting and file form-32 with in 30 days of passing O.R.
Regards
Akansha Singhal
Regards
Akansha Singhal
6 hii on 19th April 2011, 3:10 pm
rachna_jovial
Board can remove additional director
7 Re: Removal of additional director on 19th April 2011, 3:54 pm
bharat shetty
cabs_3006@hotmail.com
8 Variation in Terms of Appointment of MD/WTD/NRD on 12th May 2011, 6:23 pm
praveen999
CSoC Master
According to sec 268 of the Companies Act 1956 in the case of a Public Company or a Company subsidiary of Public Company the terms of appointment of MD/WTD/NRD can be revised, whether the condition is given in the Companies MOA or AOA or in the agreement of appointment, but it should not have any effect unless approved by the Central Government.
Procedure for varying the terms of Appointment are described as followes:
1) Sec 268 is applied only in case of Public Company and Private Company which is subsidiary of public Company.
2) First of all a Board Meeting should be properly held to decide to make changes in the terms and condition of appointment of director.
3) Issue a general notice to all the member indicating the changes to be made and also arrange for publication of same atleast once in local language of the area of the Registered office of the Company. After publication an application is required to be submitted to the Central Government to obtain approval.
4) Prepare a draft of the proposed changes in the agreement.
5) Board Meeting is required to held to approve the draft and also to issue notice of general meeting .
6) If the Company is listed than three copy of the notice is required to send to the Stock Exchange in which Company is listed.
7) If the AOA required any amendment then such amendment is to be done by special resolution.
Application to Central Government should in e-form 25B along with the following document :
a) Copy of resolution approve the changes in general meeting.
b) Copy of the news paper clippings in which notice as per sec 640B has published.
c) In case of any loan subsist then NOC from the loan provider.
d) Any other information if think important.
9) An copy of the same application along with the same document sent to the Central Government is also required to submit to ROC.
10) Copy of the Special resolution is required to registered with the ROC in e-form 23.
After fulfilling all the above formalities the changes made in the agreement become effective.
Procedure for varying the terms of Appointment are described as followes:
1) Sec 268 is applied only in case of Public Company and Private Company which is subsidiary of public Company.
2) First of all a Board Meeting should be properly held to decide to make changes in the terms and condition of appointment of director.
3) Issue a general notice to all the member indicating the changes to be made and also arrange for publication of same atleast once in local language of the area of the Registered office of the Company. After publication an application is required to be submitted to the Central Government to obtain approval.
4) Prepare a draft of the proposed changes in the agreement.
5) Board Meeting is required to held to approve the draft and also to issue notice of general meeting .
6) If the Company is listed than three copy of the notice is required to send to the Stock Exchange in which Company is listed.
7) If the AOA required any amendment then such amendment is to be done by special resolution.
Application to Central Government should in e-form 25B along with the following document :a) Copy of resolution approve the changes in general meeting.
b) Copy of the news paper clippings in which notice as per sec 640B has published.
c) In case of any loan subsist then NOC from the loan provider.
d) Any other information if think important.
9) An copy of the same application along with the same document sent to the Central Government is also required to submit to ROC.
10) Copy of the Special resolution is required to registered with the ROC in e-form 23.
After fulfilling all the above formalities the changes made in the agreement become effective.
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