With reference to this blog -> Director Removal or Resigning, how to go about that?
According to the Companies Act 2013, any Director can be removed before his tenure by following the below-mentioned procedure:-
(1) By ordinary resolution, remove a director, in before the expiry of the period of his office after giving him a reasonable opportunity of being heard (only when the director is not appointed by the Tribunal)
(2) A special notice shall be required of any resolution, to remove a director under this section, or to appoint somebody in place of a director so removed, at the meeting at which he is removed.
(3) On receipt of notice of a resolution to remove a director.
(4) Where a notice has been given of a resolution to remove a director under this section and the director concerned makes with respect thereto representation in writing to the company and requests its notification to members of the company, the company shall, if the time permits it to do so. (a) In any notice of the resolution given to members of the company, state the fact of the representation having been made; and (b) Send a copy of the representation to every member of the company to whom notice of the meeting is sent (whether before or after receipt of the representation by the company), and if a copy of the representation is not sent as aforesaid due to insufficient time or for the company’s default, the director may without prejudice to his right to be heard orally require that the representation shall be read out at the meeting.
So, the answer is yes, you can do that.
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almost 3 years ago