Easily Delete Line to the Shareholder Agreement

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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What is the exit clause of the shareholders agreement?

Exit or Termination Clause This shareholders agreement clause deals with what happens when a shareholder leaves the Company under different circumstances. Upon achieving important milestones, the founders tend to offer buy out or the investors wish to exit from the business.

How do I remove a shareholder agreement?

If the shareholder is to be removed involuntarily, he must have violated the company by-laws or the shareholders agreement. A resolution for the removal has to be then drafted and presented to the Board of Directors (BODs). It must also be presented to a specific set of shareholders if the agreement mentions so.

Do you need shareholder approval to remove a director?

A shareholder wishing to remove a director must give special notice of their intention to the company, which then has 28 days to call a general meeting. At this meeting, shareholders will vote on the proposed resolution. If it is passed by a simple majority, then the director will be removed from their position.

How do I remove a shareholding director?

The statutory process to remove a director At least 14 days before the shareholders meeting, the directors must give notice to all shareholders of the meeting. The director being removed is entitled to make representations to the company and speak at the meeting about his/her removal.

What is the procedure for removal of director?

Section 169 of the Companies Act, 2013 provides for removal of directors. A company may by ordinary resolution remove a director provided he is not appointed by the tribunal under Section 242 of the Act, before the expiry of the period of his office and after giving him a reasonable opportunity of being heard.

Can a 50% shareholder remove a director?

Section 168 of the Companies Act 2006 gives shareholders the power to remove a director via ordinary resolution, requiring more than 50% of shareholder votes. This can be passed for any reason provided appropriate procedure is followed.

Can you remove shares from a shareholder?

Whatever the reason is for their removal, the shares they held must be dealt with and cannot be left un-allocated. When the shares are given up by the shareholder, they will need to be transferred to someone else; this can be done through sale or through gifting.

How do you remove a director from a shareholders agreement?

The statutory process to remove a director At least 14 days before the shareholders meeting, the directors must give notice to all shareholders of the meeting. The director being removed is entitled to make representations to the company and speak at the meeting about his/her removal.

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