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Remove Checkbox Group from the Shareholders Agreement

Remove Checkbox Group from the Shareholders Agreement

Aug 6th, 2022

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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.

How do I remove an additional director?

To Remove a Director Suo-moto by the Board A Company has the authority to remove a Director by passing an Ordinary Resolution, given the Director was not appointed by the Central Government or the Tribunal. A Board Meeting will be called by giving seven days notice to all the directors.

How do you remove a director who is also a 50% shareholder?

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.

Can a director get rid of another director?

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.

Can one director remove the other?

Directors of public companies cannot be removed by other directors.

How do I remove a 25% shareholder?

If the minority shareholder holds less than 25% shares, a vote can take place and so long as there is a 75% majority, the company can pass a special resolution to wind up the company. If the company is still solvent then you will need to start the members voluntary liquidation process.

How do I amend a shareholder agreement?

It is not necessary to draft a whole new shareholder agreement. One could simply create a deed of variation where the document only states the changes to the shareholder agreement and have all of the shareholders sign the document to verify the amendments being made.

What percentage do you have to remove a director?

At the meeting the vote may be conducted on a simple show of hands or (more likely) a poll vote. The resolution to remove a director will succeed if more than 50% of shareholders in attendance vote in favour of removal.

Can two directors get rid of a third?

Consider, for example, a company with three equal shareholder/directors. If two of the three fallout with the third, they have the voting power to remove him or her from office. A Bushell v. Faith clause in the articles can prevent this.

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