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Breif
Director
Removal Process is the Process where any existing director will not be a part
of a company. Director Removal Process can have 2 cases: First, Director
voluntarily i.e., itself resigning from the company or Removal of Director by
the Shareholder.
Overview
If
Director is resigning from the company, then they submit resignation to the
board, Board passes a resolution accepting the resignation, then companies file
DIR-12 with MCA to update records. If Shareholder is removing the Director then
Special Notice must be given to the company about the purpose removal, Director
gives an opportunity to be heard in the general meeting, Majority votes of
shareholder is required, then companies file DIR-12 with MCA to update records.
Process
Step 1 - Ensure the director has a valid Digital Signature Certificate (DSC).
Step 2 – Prepare all required documents: Board Meeting notice, Board Resolution, EGM notice & minutes, Resignation Letter, and its acceptance.
Step 3 – File Form DIR-12 with MCA for the director’s removal.
Step 4 – MCA reviews the form and approves the director’s removal officially.
Checklist
Details & Documents Required for Director Removal Process
- DIN of the director to be removed
Digital Signature Certificate (DSC) of removing Director and Existing Director (if available)
Resignation Letter of the director
Memorandum of Association (MOA)
Certificate of Incorporation (COI)
Articles of Association (AOA)
Time Taken
Total Time: Approximately 7 days from the date of receipt of all documents.
- The MCA Department usually processes Form DIR-12 within 3–7 working days.
- Our team ensures timely follow-ups and smooth coordination for approval.
- Our team assists in resolving any queries or clarifications raised by the MCA, if any.
- The director is officially removed and updated in the company records without delays.
Deliverable
The following deliverables are included in the Biz Silver Plan. Deliverables for other packages may vary accordingly:
- Complete Documentation Support
- Expert Guidance
- Timely Completion
- Digital Signature (Pen Drive)
- Approved Documents
Why Choose Us
Clients trust Bizeneed because we offer end-to-end support, from document preparation to MCA filing. Our expert team ensures accurate, error-free submissions, timely follow-ups, and quick resolution of any queries raised by the authorities. With a transparent and hassle-free process, we help businesses remove directors efficiently and compliantly, saving time and avoiding legal complications.
FAQs
Director removal refers to the legal process of removing a director from office by the company, shareholders, or due to disqualification, as per the Companies Act, 2013.
Form DIR 12 is filed with the Registrar of Companies (ROC) to report the removal of a director.
DIR 12 must be filed within 30 days from the effective date of removal.
Yes, DIR 12 filing is mandatory to update ROC records after removal of a director.
Late filing attracts additional fees and penalties, and the director may continue to appear as active in MCA records.
Shareholders have the power to remove a director by passing an ordinary resolution, except in certain protected cases.
In most cases, shareholder approval is required, except for resignation or automatic disqualification.
Yes, an Additional Director can be removed before the next AGM by passing a board or shareholder resolution as applicable.
Yes, but removal requires compliance with stricter provisions, including shareholder approval and justification.
Yes, an MD can be removed subject to the terms of the employment agreement and Companies Act provisions.
Key documents include Board Resolution, Shareholder Resolution (if applicable), DIR 12, DSC, and supporting records.
Yes, a board meeting is required to propose removal and convene a general meeting if needed.
Yes, in most cases, an Extraordinary General Meeting (EGM) is required to pass a shareholder resolution.
No, special notice must be given to the director before removal, except in cases of disqualification.
Yes, the director has the right to make a representation before removal.
Issue notice, conduct board meeting, pass shareholder resolution, prepare documents, and file DIR 12 with MCA.
DIR 12 is usually approved within 3–5 working days, sometimes instantly.
Yes, directors disqualified under Section 164 are automatically removed and must be reported via DIR 12.
Yes, foreign directors can be removed following the same legal process as Indian directors.
Yes, a director can be reappointed by passing a fresh resolution and filing DIR 12 again.
Government fees depend on company type and authorized capital and are paid on the MCA portal.
Yes, professional charges apply for documentation, resolutions, EGM handling, and MCA filing.
Approved DIR 12 acknowledgment, updated MCA master data, and compliance confirmation.
Yes, corrections can be made by refiling DIR 12 with revised details, subject to ROC approval.
Bizeneed provides expert handling, legal accuracy, quick DIR 12 filing, and complete ROC compliance support across India.