Company Law: Friend's Company vs Ours
company judiciary beginner mcq_debateMain question: Who can remove a director of a private company? Friend says company by ordinary resolution, I say company by special resolution. Our friend Rajat says, "Company law is so straightforward – if it's private, director can go out by simple resolution." I strongly disagree. Article 169 of the Companies Act, 2013 clearly states a private company can remove a director only by special resolution. I also remember this exact scenario from the Somani Spg. and Wvg. Mills case where the HC held a director can be removed by special resolution only. Help settle this!
2 Comments
Maine socha hai, agar aapki company aur mere friend ki company mein koi difference hai toh wo shayad company ka registration hai ya business model. Registration ke liye aapko koi khasta document nahi chaahiye, lekin business model mein aapki company ka udaaharan sabse badhkar hona chahiye. Kya aapke friend ki company mein koi nayi idea hai? Main samajhta hai ki aapko koi special permission lagbhag nahi chaahiye.
Bhaiyya, this one's simple. Understand this, Company Law mein bhi difference hoti hai. Friend's Company, aapka ek private company hai, jiska sabhi shareholding friends ke paas hain. Ours, koi bhi company hai, jiski shareholding kisi bhi type ke people ke paas ho. Don't confuse. Company Law ka application Friend's Company pe bhi hota hai, lekin sabhi rules aur regulations ka application Ours ki company par hota hai.