Director cum Share Holder who is not traceable

[Ronak Doshi]

Hello,

A pvt Ltd company is running as a subsidiary company in India. 99% shares are held by USA based holding company. 1% shares are held by Mr. X who is Indian resident and he is also director in the company.

Now, Mr.X is not traceable and hence company wants to remove that person from Directorship and also want to transfer the 1% share held by him in the company.

What is the best procedure company can follow?

Pls note that company wants to file strike off application.

Regards,

Ronak doshi

Mo.8306001588

[Mitu Dharewa]

He must be a nominee director. the holding company can remove his nominee. check 

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Thanks and Regards

Madhu P. Dharewa

B-307, Balda Bhawan, 

90ft Road, Bhayander West.

Thane - 401101

Mo: 9224323893

Digital signature certificate Provider (Class 2 and Class 3) , Company legal Consultant ,Company registration, LLP Creation, Startup Creation, Listing Compliance Service provider, Companies Secretarial Service Provider  

[Gopal Rathnam]

1). Chk AoA. 

2). One Director can constitute a valid quorum in an adjourned meeting.  Explore the possibility.

3). If absconding Direct is absent from 3 meetings he can be removed.  Explore this.

4) is there any provision in the Articles to enable holding company to appoint nominee director? Explore this pls.

5). Regarding 1 share; Is the person holding is beneficial or legal owner?  See this aspect.

With all these information you can formulate a strategy to re-constituted the board.

Regards, 

M.GopalRathnam

Company Secretary

Res :D-1106, Mantri Elegance, Bannerghatta Road, Bangalore 560076.

Mobile 9886618696

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