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How to remove a company director

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  • How to remove a company director

    The freehold company of my residential block has 4 directors (of which I am one) and 10 shareholders (of which I am also one). The Articles of Association specify the initial directors shall be 4 and followign the removal or resignation of a director then then maximun number of directors shall be 3. On eof the 4 directors is grossly incompetent and I wish to have him removed. Other than having a resolution to specifically remove him, is there any other way to accomplish this without specifically targetting him?
    Tags: None

  • #2
    Election?

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    • #3
      Originally posted by paulajayne View Post
      Election?
      If we hold elections to elect three directors, will this automatically remove the initial 4?

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      • #4
        Do the shareholders have a say in whom can be a director? You need to look at the documents on the formation of this system as it should include removal / replacement of directors.

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        • #5
          Originally posted by interceptor View Post
          The freehold company of my residential block has 4 directors (of which I am one) and 10 shareholders (of which I am also one). The Articles of Association specify the initial directors shall be 4 and followign the removal or resignation of a director then then maximun number of directors shall be 3. On eof the 4 directors is grossly incompetent and I wish to have him removed. Other than having a resolution to specifically remove him, is there any other way to accomplish this without specifically targeting him?
          Short of anything in the Articles of Association, answer is likely to be no and you will need to remove by way of a ordinary resolution. As a shareholder you can also look to remove him but you need to give special notice and he will be informed of the intention - he can also make representations on why he should not be removed.

          If the director is incompetent and everyone knows it, there shouldn't be an issue for removing him.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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          • #6
            Need a serious reason for this

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