Remove Director

Overview

Removal of Director is the legal process Taxeto manages when a company needs to remove an existing director before the expiry of their term, whether through shareholder resolution, resignation, disqualification, or tribunal order, under the Companies Act, 2013. Taxeto drafts the special notice and resolutions, manages the general meeting process, and files Form DIR-12 to formally update MCA records.

Benefits

• Removes non-performing or problematic directors, improving governance
• Improves company decision-making and operational efficiency
• Ensures adherence to company law procedures
• Allows flexibility in restructuring the management

Eligibility

• Director must not be protected under specific legal provisions
• Proper special notice must be given
• A resolution must be passed
• Must comply with MCA rules

Documents Required

1. 1Special notice of removal
2. 2Board resolution
3. 3Shareholder resolution
4. 4Director's reply (if any)
5. 5Form DIR-12
6. 6Supporting documents

Process

1. 1

   Issue Special Notice

   Shareholders issue a notice for removal.

2. 2

   Send Notice to Director

   Director is given an opportunity to respond.

3. 3

   Conduct General Meeting

   Pass the ordinary resolution.

4. 4

   File Forms

   Submit DIR-12 with the MCA within 30 days.

5. 5

   Update Records

   Director is removed from the MCA database.

Frequently Asked Questions