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Remove Cross to the Directors' Resolution

Remove Cross to the Directors' Resolution

Aug 6th, 2022

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How to Remove Cross to the Directors' Resolution

4.9 out of 5

11 votes

146 can a director be removed by means of a written resolution of the members no he cannot this would deprive him of his rights to make written representations to the members and to speak on the resolution at the meeting

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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 shareholders get rid of 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.

What resolution do you need to remove a director?

Directors can only be removed by ordinary resolution passed at a general meeting of the company. Public companies cannot use the written resolution procedure in any event. Please note that the company must be given Special Notice of at least 28 clear days of the proposed ordinary resolution to remove a director.

What resolution is required by the shareholders to remove a director?

In terms of Section 71(1) of the Companies Act, the shareholders of a company can remove a director from office by ordinary resolution (which is normally an ordinary majority of the votes exercised on the resolution when a quorum has been established).

Can shareholders remove a director by ordinary resolution?

Under section 168(1) of the Act, shareholders can remove a director by passing an ordinary resolution at a meeting of the company. However, special notice is required.

How do I remove a director from shareholder resolution?

In other words, a director cannot be removed by a resolution in writing. For example, even if a single shareholder owns 100% of the shares, he or she must still call a meeting of shareholders to remove a director.

How do I remove directors by resolution?

The relevant shareholders must serve special notice on the company of any resolution to remove a director under the provisions of the Act. This must be given to the company at least 28 clear days before the meeting at which the resolution will be moved.

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