1.

Explain how director of a company can be removed from the office?

Answer»

A Director of Company can be removed from his Office before the expiry of his term by

  • the Shareholders
  • the Central Government 
  • the Company Law Board

(i) Removal by shareholders (Sec- 169): A company may, by giving a special notice and passing an ordinary resolution, remove a director before the expiry of his period of office.

(ii) Removal by the Central Government: The Central Government has been empowered to remove managerial personnel from office on the recommendation of the Company Law Board under the following situations:

  • Where a person concerned in the conduct and management of the affairs of a company has been guilty of fraud and negligence.
  • If the business is managed by a person without sound business principles.
  • Where the business of a company has been managed by such a person, who likes to cause injury or damage to the business.

Removal by the Company Law Board: If an application has been made to the Company Law Board against the oppression and mismanagement of the company’s affairs by a director, then the Company Law Board may order to terminate the director.



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