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Any firm, association, corporate cannot be appointed as a Director under the act. They also engage in the matters which are put before the head. These are neither whole time and nor managing directors.

He can be appointed if it is sanctioned by the articles or passing of a resolution in the meeting. He will work till that time the original director returned. In private company, the procedure is described in the Article of Association to appoint the directors but in case the articles are hushed, then it will be appointed by the shareholders of the company.

There are some duties which have to be followed by the directors such as they should be honest, proper skills and care.

Removal of a director from office

These have to be followed while they are working on behalf of the company. The nominee directors will be appointed by the authorities of the third party or the Government so that they can handle the misconduct and mismanagement. Any individual person can be appointed as a Managing Director.

The maximum term is 5 years at a time.

The remuneration will be paid according to the provisions of the Companies Act in the case of private or a public company. It may be considered by the Articles or by passing a Special Resolution at a general meeting of the company. Earlier, DINs are necessary to authenticate the electronic filings which are made by the company.

However, every director who is getting retired is entitled to re-appointment.

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Missouri Laws 205.970 – Board of directors, appointment, qualifications, terms, officers, powers ..

If the vacancy is not filled and in the meeting, there is no notice of such vacancy then he is entitled to have been re-appointed until the next meeting of the election. A person appointed to fill a casual vacancy will hold office only till the date up to which the directors in whose place, he is appointed would have held office.

The Board of Directors can appoint the additional director in the absence of a director if so authorized by articles or by a resolution passed by the company in general meeting. The alternate director shall work until the original director return or up to the period permitted to the original director.


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The provision of the Act not applicable to the alternate director is as:. The appointment of an alternate director is not considered as an increase in the strength of the Board of Directors. Alternate Directorship held by a person cannot be counted for the maximum number of directorship, which a person can hold.

Business Corporations Act

The term of appointment of the directors by the Central Government should not exceed 3 years and he may be removed by the Central Government for appointing another person to hold the office. Here the third party may be debenture holders, financial corporation, banking companies who have advanced loan to the company to safeguard their interests that the money is only used for the purpose for which it was borrowed.

Appointment of Directors By small shareholders if the article provides: The Small Shareholders, in case of a public company having:. The directors are appointed by ordinary resolution i. The minority of the shareholders does not get the opportunity to send representative in the Board of Directors.

But, through proportional representative voting, the shareholders can get that opportunity. Appointment of directors by professional representation Sec.

Appointment and Qualification of Directors-Section 169- Removal of Directors by Shareholder- Part 20

This section give power to the minority shareholders to elect directors through single transferable vote and cumulative voting. This is to ensure that the directors appointed by the minority are not removed by a bare majority.

Procedure for Removal of Director under Companies Act,

Special notice is required of any resolution to remove a director or to appoint somebody in his place at the meeting at which he is removed. On receipt of such notice, the company will immediately send a copy thereof to the director concerned. New directors may be elected by the Board of Directors when there is a vacancy or the company wishes to add directors. Vacancies on the board arise if a director:. A director may be appointed by the Board of Directors, unless the Memorandum requires shareholder approval.

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  5. Please note that the email address eServicesCOR39 cipc. You can track the progress of your document by visiting the Track my transactions page on the website. Sign in with your customer code and password, and click on Transaction Status. Companies and Intellectual Property Commission. Vacancies on the board arise if a director: resigns or dies ceases to hold the office, title or designation in the company that entitles the person to be an ex officio director, becomes incapacitated or disqualified or is removed.

    A director may be removed by: An ordinary resolution adopted at a shareholders' meeting by the persons entitled to exercise voting rights in the election of that director.