Delete Required Fields into the Company Constitution and eSign it in minutes

Aug 6th, 2022
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How to Delete Required Fields into the Company Constitution

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[Music] when a shareholder or director are also employed by the business and the board or the shareholders elect to remove them their post its really important to make sure this is done in the right way the employment relationship should be terminated appropriately following the right processes and within the correct legislation to make sure that the risk of any potential dispute is minimized and the business is protected the first port of call will probably be the employees contract of employment or their service level agreement because that will give information to the business as to things such as the notice that needs to be given to that person and what needs to be done or how if the contract is silent its still really important to consider what processes should be followed and they should be adhered to quite closely to minimize those risks often when those relationships are terminated we recommend the business enter into a settlement agreement because that will ensure that the

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ing to the 2013 Act, a company can only remove a director in a general meeting by passing an ordinary resolution. However, this applies only if the director was not appointed under the principle of proportional representation or under section 163.
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.
(7) If a director of the company contravenes the provisions of this section such director shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees.
Company can alter its Article by way of addition, deletion, modification, substitution, or in any other way, only if it wants. To alter the Article of association of Company By giving Notice of at least 7 days. At the Board meeting, the given resolutions in respect of alteration in AOA must be passed.
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.
169Directors right to protest against removal (1)On receipt of notice of an intended resolution to remove a director under section 168, the company must forthwith send a copy of the notice to the director concerned.
As per Section 168 of the Companies Act,2013 , a director may resign from his office by giving a due notice to the company and the board shall take note of it and intimate the same to the Register of companies. The Board shall also place the fact of such resignation in the next meeting.
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.

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