Delete Cross in the Company Constitution

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Aug 6th, 2022
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How to Delete Cross in the Company Constitution

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good morning everyone welcome to our webinar um about how to remove a director dealing with rogue directors and business divorces um my name is jody thompson im a practice leader in the disputes team at legal vision and among other commercial and contract disputes we deal with a lot of director and shareholder disputes where businesses need our assistance before we start just a couple of housekeeping matters we will email you a copy of this webinar recording if theres anything that you wanted to check back in more detail if youve got any questions along the way just submit them in the chat box on the side and i will try and answer as many as i can at the end ill have a sec 15 minutes or so at the end to deal with some questions and wed be really grateful if you complete the survey after the webinar giving us some feedback so today as i said were dealing with directors disputes um but were also very much talking about shareholders for smaller and medium sized businesses most of t

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Pursuant to provisions of Section 169 of the Companies Act, 2013, a Company may, by passing an ordinary resolution in its extra-ordinary general meeting, remove a director before the expiry of the period of his office after giving him a reasonable opportunity of being heard.
Under Section 169 of the Companies Act 2013, any member, irrespective of the investor, can operate with reasonable notice. Whether or not he is a member of the company, the concerned director can file a written objection to the proposed removal resolution.
Section 171 of the Companies Act This section states that a director must: Act in ance with the companys constitution, and. Only exercise powers for the purposes for which they are conferred.
168Resolution to remove director (1)A company may by ordinary resolution at a meeting remove a director before the expiration of his period of office, notwithstanding anything in any agreement between it and him.
In terms of Section 71 of the Companies Act there are two distinct methods to remove a director from office, namely: Removal by shareholders; and. Removal by the directors.
Under section 61(3), the board of a company must call a shareholders meeting if one or more written and signed demands for such a meeting are delivered to the company.
Under Section 169 of the Companies Act 2013, any member, irrespective of the investor, can operate with reasonable notice. Whether or not he is a member of the company, the concerned director can file a written objection to the proposed removal resolution.
Section 163 of the Companies Act allows for a minority shareholder to apply to a court for relief should he/she feel oppressed, unfairly prejudiced, or that his/her interests are unfairly disregarded by the board of directors, the majority shareholders, or a separate juristic entity.

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