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Transfer of shares and payment of liabilities by exiting founder


04-Jun-2023 (In Startup Law)
one of the founder of the company (total 2 with 50% share each) has decided to quit as director of company. It has been 6 months since he quit, has not paid his share of liabilities and neither transferred the shares.
Answers (2)

Answer #1
959 votes
Please look into the procedure for a Director resigning mentioned in the Articles of Association of the Company. The provisions lay down the procedure for proceeding against a Director for outstanding dues. Alternatively you can also initiate legal proceedings.
Answer #2
569 votes
The ideal way would be to pressurise indirectly for Non-payment of existing dues as this makes both the Directors liable for the dues. Therefore we then send a notice to the Company from the a third party (mocked up) for the due amount. With this notice we go to the Director for his share of liabilities, his non payment holds him liable and can also attract Jail Term. So we then leave two options to him settle the amount and stay in the company or leave the company and you take over the liabilities

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