Can you force a director to resign?
Without express provision in either the service contract or Articles, it may take time to force a director out as the only way will be under s 168 CA 2006 – removal by ordinary resolution by shareholders – otherwise the company must to go to court to force the resignation..
Can directors overrule shareholders?
shareholders with at least 5% of the voting capital can require the directors to call a general meeting of the shareholders to consider a resolution overruling the decision. … shareholders can take legal action if they feel the directors are acting improperly.
Can directors remove other directors?
Unlike a private company, a public company can do so regardless of the company’s constitution or any agreement between the company, the director and its members. However, directors of a public company cannot remove a fellow director, only the shareholders can.
Can you remove a company director without their consent?
KAC UKBF Ace Free Member. By following due process, it is possible to remove a director from a company. It is possible to do so without following due process, merely by filing a form at CH. Unfortunately it is very expensive to do something about it as commercial litigation is very expensive.
On what grounds can a director be removed?
The office of director may be vacated by statute, his or her death, or under a provision in either the Articles of Association of the company (referred to in this note as ‘Articles’) or a Shareholders Agreement.