Format of Special Notice for Removal of Director Section 169(2)

Relevant Provisions

• Section 169(2) of the Companies Act, 2013.

• Section 115 of the Companies Act, 2013.

• Rule 23 of the Companies (Management and Administration) Rules, 2014.

Following is only a template of special notice by a shareholder for removal of a director and the draft of the proposed resolution to be passed.

Do refer the relevant provisions under the Act and rules thereunder before finalising the notice.

FORMAT

Date: ...................

From

(Name of the Shareholder)

Folio No. ..............

(Address)

To

The Board of Directors

................... Limited

(Address)

Sub.: Special Notice for Removal of a Director as per Section 169(2) of the Companies Act, 2013

Dear Sirs/Madams,

I am presently a member of the company, holding ........... equity shares which constitute ...% of the total paid up share capital. The folio number corresponding to my shareholding is ................

In pursuance to the provisions of section 169(2) of the Companies Act, 2013, I hereby give you a special notice, in accordance with section 115 of the Companies Act, 2013 read with rule 23 of the Companies (Management and Administration) Rule, 2014, of my intention to move at the ensuing ....th Annual General Meeting of the company the following resolution to be an Ordinary Resolution for removal of (Name of the Director), Director from the post of directorship in the company.

Draft Resolution

“RESOLVED THAT (Name of the Director), Director of the company, whose office is liable to determination by retirement by rotation of directors, be and is hereby removed from the directorship on the board of directors of the company.

RESOLVED FURTHER THAT (Name of the Director/Officer), (Designation) of the company be and is hereby authorised to file necessary form with the Registrar of Companies, ............... and to do all such acts, deeds and things as may be necessary or incidental to give effect to the foregoing resolution.”

I am enclosing herewith a copy of my PAN card duly self attested by me for identity verification purposes.

Kind request to take further necessary actions in this regard.

Thanking you,

Sincerely,

  (signature)

(Name of the Shareholder)

Member

Encl.: A/a