Section 169 and Chapter 7 of Companies Act, 2013 gives the right to shareholders to remove the directors of the company in the general meeting by passing an ordinary resolution. This legal right can not be damaged or taken away by the MOA/AOA or any other documents or agreements.
1. A Company may remove a director by passing an ordinary resolution :
Not being a director appointed by the tribunal under section 242 before the expiry of the period of his office after giving him a reasonable opportunity of being heard.
2. A director may on his will at any time give a resignation from his directorship.
Intimation to director
A company shall send copy of the notice to the concerned director.
Documents Required for removal of director
1. Notice of resignation of the director
2. Copy of Resignation of the director
3. Details of the company
4. Digital Signature Certificate (DSC) of one of the current directors.