Page 458 - (A) Mammoth (998pp)
P. 458

It is possible to remove a director by a majority vote from the company’s members.
or her role. If the removed director is the sole director of the company, you must arrange a replacement immediately.
Removal by ordinary resolution
Where the articles do not cover the reason for removal, you should call a meeting of the members and pass an ordinary resolution by a ‘simple majority’ of the votes. The member(s) proposing the director’s dismissal must give the company ‘Special Notice’ of a resolution to remove a director at least 28 days prior to the meeting at which the director may be removed. The director in question must be given a copy of the notice and he or she will be permitted to attend and make representations at the meeting.
Following termination, you should formally record the decision and the reasons for the director’s removal, document the termination in the company’s Register of Directors and notify Companies House by filing Form TM01 within 14 days of the removal.
Removal and disqualification by another authority
Directors can be disqualified from acting in such a capacity in any company if they fail to maintain their legal responsibilities and their conduct is deemed ‘unfit’ (incompetent, in other words) by any of the following bodies:
The Insolvency Service
The Court
Companies House
The Office of Fair Trading


































































































   456   457   458   459   460