Removal of directors: shareholders may remove a director by ordinary resolution; director entitled to notice, hearing and representations. A company may remove a director by ordinary resolution subject to special notice and certain exceptions. The company must send the removal notice to the director, who may be heard and may submit written representations for circulation to members; if representations are not circulated because of lateness or default they may be read at the meeting unless restrained for abusive defamatory publicity. A vacancy may be filled at the meeting with the appointee holding office for the removed director's remaining term, or as a casual vacancy, but the removed director may not be reappointed by the board; rights to compensation and other removal powers remain unaffected.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Removal of directors: shareholders may remove a director by ordinary resolution; director entitled to notice, hearing and representations.
A company may remove a director by ordinary resolution subject to special notice and certain exceptions. The company must send the removal notice to the director, who may be heard and may submit written representations for circulation to members; if representations are not circulated because of lateness or default they may be read at the meeting unless restrained for abusive defamatory publicity. A vacancy may be filled at the meeting with the appointee holding office for the removed director's remaining term, or as a casual vacancy, but the removed director may not be reappointed by the board; rights to compensation and other removal powers remain unaffected.
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