Vacation of Office

[VIMAL SHARMA Compliance]

Dear Members,

What procedure/ formalities to be done by the Company if a director has not attended any meeting in financial year 2014-15?

As per Sec-167 his office has been vacated by virtue of sub sec-(1) (b). 

I understand that director is liable if he remains director after knowing that if his office has vacated. but what steps to be followed by the Company?

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Thanks & Regards,

Vimal Sharma

Move out of your comfort zone, You can only grow, if you are willing to feel awkward and uncomfortable, when you try something New..

[CS Shainshad Aduvanni]

Dear Vimal,

The Company has to take note of the same and file the forms with ROC intimating about the vacation of Office.

Regards

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CS Shainshad Aduvanni
Company Secretary
Coimbatore

08144014439

[VIMAL SHARMA Compliance]

Shall we required to file Form-DIR-12 along with the Board Resolution??

[kanika sharma]

As per my understanding , it would attract sec -169 i.e. removal of directors and the form - dir 12 and form - mgt 14 as per rule - 8 have been filed.

Thanks & Regards

 

 CS Kanika 

 JJRSIPL

 Gurgaon

[VIMAL SHARMA Compliance]

If his office has vacated...why co. follow procedure for removal? Pls. clarify

[kanika sharma]

sir,

As per sec - 167(g), I am considering the same i.e. removal in pursuance of the provisions of this act. 

[Jayashree Chandrasekaran]

yes....since it is not a voluntary resignation it will be considered as removal under the process of Companies Act,2013

Jayashree

C.JAYASHREE
PROPRIETOR
S.GANESH&ASSOCIATES
CHENNAI
98840 17120

[sujeet kumar]

Company may remove director if he absents himself from all the meetings of the Board of Directors held during a period of twelve months with or without seeking leave of absence of the board. 

So u can follow the procedure for removal.

Refer Section 167(1)(a) & (g)

Thanks & Regards

Sujeet Kumar 

Cell.: +91 97185 37826 

Email: sujeet...@gmail.com

[VIMAL SHARMA Compliance]

I still don't think that Co. must follow procedure for removal of director-

Extracts from Ramaiya-

Intimation to Registrar-

Where a director vacates his office under sec-167/283 of Companies Act, 2013/1956 respectively, it constitutes a change among the directors with in the meaning of Sec-170/303 of CA, 2013/1956  respectively, notification of which in the prescribed e-form no.-32/ DIR-12 must be filled with the registrar as required by that section.

Is this mean Co. shall straightaway file DIR-12 with BR.

Regards,

[CS Simranjeet Singh]

sir in my view filing DIr-12 with noting of cessation of office will do.. in DIr-12 there is option of cessation due to Vacation of office u/s 167.. so, just pass board resollution on the date when office expired and file that in DIR-12.

 

 

With Best Regards?

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

 

   

[Vivek Hegde]

Dear Friends,

I have a queries on the related matter. Can the Board re-appoint the person whose office is vacated u/s 167? Can it be done in the same meeting? 

If the above is possible, a person can be a director without attending a single Board Meeting.

Warm Regards

CS Vivek Hegde,B.com, FCS, CMA

Vivek Hegde & Co.
Company Secretaries
No. 2034, 26th Cross, K.R.Road
Banashankari II Stage, Behind 

Sevakshetra Hospital

Bangalore-560070
Mob : 09900898223

Off: 080 26710667

[VIMAL SHARMA Compliance]

Exactly

On Wed, May 6, 2015 at 1:46 PM, CS Simranjeet Singh <beingcompa...@gmail.com> wrote:

[VIMAL SHARMA Compliance]

Anyone having different opinion on the captioned matter?