Easily Delete List from the Company Constitution

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How to Delete List from the Company Constitution

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[Music] welcome to this short video blog which is part of a series on company transactions for smes today i am looking at how can you remove a director or shareholder in most smes the directors and shareholders will be the same persons removing one of them can be difficult and there are several ways of doing this the tactical approach is usually needed you need to examine the legal position of directors directors usually have different legal roles by that of director employee and shareholder check the articles to see if they provide for a director to be removed a director can always be removed at a meeting of shareholders for which 28 days notice is required and a 51 majority is also needed this can be problematic so check to see whether the chairperson has a casting vote the company could seek to remove a director who is in bdocHub of their directors duties if so this might mean the company could make a claim against the director for him or her to pay back money to the company conside

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What is Section 71 3 of Companies Act?

(3) If any director of a company knowingly contravenes, or wilfully authorises or permits the contravention of, any of the pro- visions of section 69 or 70 with respect to allotment, he shall be liable to compensate the company and the allottee respectively for any loss, damages or costs which the company or the

What is Section 76 of the Companies Act?

Section 76(3)(c) of the Companies Act codifies certain fiduciary duties that directors owe to a company which include acting with the degree of care, skill and diligence that may reasonably be expected of a person (i) carrying out the same functions in relation to the company as those carried out by that director; and

What is Section 77 of the Companies Act?

knowingly or recklessly signs or consents to the publication of a financial statement which is false or misleading in a material respect. In terms of section 77, a director is held personally liable to the company and to any other affected person for any consequential loss suffered by the company or such person.

What is Section 169 of the Companies Act?

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.

What is Section 71 of the Companies Act?

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.

What is Section 70 of Companies Act, 2013?

Sections 70 of the Companies Act, 2013 imposes restriction on buy back of shares in certain circumstances. The proceeds of the issue of any shares or other specified securities. However, no buy-back of any kind of shares can be made out of the proceeds of an earlier issue of the same kind of shares.

What is Section 2 71 of the Companies Act 2013?

As per Section 2 (71) of the Companies Act, 2013, public company is a company which (a) is not a private company, (b) has minimum capital of Rs. 5 lakh or such higher paid-up capital as may be prescribed, and (c) is a private company which is a subsidiary public company.

What is section 71 of the companies act read with rule 18 of the companies share capital and debentures rules 2014?

Issue of Debentures [Under Section 71 Rule 18 of Companies (Share Capital Debenture) Rules, 2014] The debentures issued by a company is an acknowledgment that the company has borrowed an amount of money from the public, which it promises to repay at a future date.

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Delete List from the Company Constitution