Circumventing director removal rules invalid when articles assign removal to the board; removal must occur in general meeting. Private companies may not evade the statutory mode of director removal by embedding additional grounds in their articles that operate to effectuate removal; any provision conferring on the board power to remove a director is ineffective where it conflicts with the statutory rule requiring removal to be exercised by the company in general meeting.
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.
Circumventing director removal rules invalid when articles assign removal to the board; removal must occur in general meeting.
Private companies may not evade the statutory mode of director removal by embedding additional grounds in their articles that operate to effectuate removal; any provision conferring on the board power to remove a director is ineffective where it conflicts with the statutory rule requiring removal to be exercised by the company in general meeting.
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