A company may remove a director before expiry of the period of his office by passing ordinary resolution in general meeting. Before removal of director a reasonable opportunity of being heard shall be given to him. A company cannot remove directors appointed by the Tribunal u/s 242.
The director of the company can be removed in following ways:
A director of the company may resign voluntarily after giving notice to the company in this respect. The period of notice as may be agreed between him and the company. The director is required to intimate ROC about his resignation.
As per the Companies Act, 2013 a director of company shall vacate his office if he does not attend any meeting of Board of Directors during a period of 12 months either with or without seeking leave of absence and there are several other conditions are also mentioned in the act for vacation of office by a director. In this case also company is required to file form DIR-12 to intimate Registrar.
The director of the company may be removed by the National Company Law Tribunal if it receives application u/s 241 of the Companies Act, 2013. The Tribunal has power to remove any director u/s 242(2)(h) of the act.
1. Fee for filing e-Form in case of company have share capital
|Nominal Share Capital||Fee applicable|
|Less than 1,00,000||Rupees 200 per document|
|1,00,000 to 4,99,999||Rupees 300 per document|
|5,00,000 to 24,99,999||Rupees 400 per document|
|25,00,000 to 99,99,999||Rupees 500 per document|
|1,00,00,000 or more||Rupees 600 per document|
2. Fee for filing e-Form in case of company not have share capital: Rs. 200 per document
|Period of delay||Additional Fee|
|Up to 30 days||2 times of normal fees|
|More than 30 days and up to 60 days||4 times of normal fees|
|More than 60 days and up to 90 days||6 times of normal fees|
|More than 90 days and less than 180 days||10 times of normal fees|
|More than 180 days||12 times of normal fees|
|More than 270 days||30 times of normal fees|
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