Remove Advanced Field in the Corporate Bylaws and eSign it in minutes

Aug 6th, 2022
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How to Remove Advanced Field in the Corporate Bylaws

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1. On receipt of the resignation letter, the company shall hold a meeting of the Board or pass Board circulation to take note of the resignation letter given by the director of the company and to authorise CS or CFO or any director of the company to file requisite form with ROC.
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.
A Special notice - Resolution to Remove a Director must be given to the company at least 28 clear days before the meeting at which an ordinary resolution for the removal of a director before the expiration of his/her period of office is passed.
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.
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.
312Resolution requiring special notice (1)Where by any provision of the Companies Acts special notice is required of a resolution, the resolution is not effective unless notice of the intention to move it has been given to the company at least 28 days before the meeting at which it is moved.
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.
Section 169 of the Companies Act of 2013 stated: A company may eliminate a director who is not a director appointed by the Tribunal under Section 242 by ordinary resolution before the expiry of his term of office after giving him a reasonable opportunity to be heard.

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