quesAction against partner who is also director of our company possible?

Can we take legal action against our partner who is also the director of our company? We are 3 directors of a one year old company. Due to some misunderstanding, 1 director of the company is blaming us saying we are incapable of running the company and he should be the only one in charge for running the whole show.



 



What can we do now?



 

  • ans

     

    It seems like a closely held company and working as partnership. You will be governed by company law.

     

    There is a procedure under the Companies Act, Procedure for removal of director is as follows:

     

    A Company by ordinary resolution in an Annual general meeting or an extra ordinary General meeting can remove a director. Special Notice about the resolution to remove a director shall be issued to the members. A copy of the said notice to be send to the director to be removed also. The director shall be given an opportunity of being heard in the meeting.

     

    If the director gives any written representation to the notice, then the said representation shall be given to all members. If the representation could not be given to all members, then the Director can request the said representation to be read out in the meeting. The members can pass an ordinary resolution, by simple majority and remove the director.

     

    The director can be held responsible for his misdeeds under companies law and in criminal law as well.

     

    Kindly contact us for any further details and action.

     

  • Send a legal notice for recovery of dues from employer @ Rs. 1999/- only


    Know More
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Labour & Service lawyers in India

Similar questions

Manager is saying that i am not eligible for Gratuity from 2005 to 2016. I…

Dear Sir, I have work in LIC as an Assistant during the period 20-02-1997 to…

i joined a company 15 days back and signed a service agreement for 1.5 yrs…

I am appointed as Commercial Artist in the yr 1989 in the pay scale of…

Labour & Service Lawyers in India

Advocate Wg Cdr Ajit Kakkar (Retd)

  Dwarka
 Experience: 17 years


Advocate Rajesh K.S

  Rajaji Nagar
 Experience: 11 years


Advocate Harish Malhotra

  District Court
 Experience: 19 years


Advocate Riddhi Shah

  Borivali East
 Experience: 11 years


View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly