Under section 242(2)(h) of the Companies Act, 2013 , the Tribunal may order removal of the managing director, manager or any of the directors of the company.
A decision to dismiss a managing director must be held at a general meeting As a result, the managing director loses his legal position as a representative of the shareholders. The recall must be announced in the commercial register.
A director may resign from his office by giving a notice in writing to the company and the Board shall on receipt of such notice take note of the same and the company shall intimate the Registrar in such manner, within such time and in such form as may be prescribed and shall also place the fact of such resignation in ...
The appointment of the managing director can be made on the basis of a resolution passed at the general meeting by the shareholders. A further possibility to appoint the managing director is to register or determine him in the articles of association.
Main purpose of the role To direct and control the company's operations and to give strategic guidance and direction to the board to ensure that the company achieves its mission and objectives.
There is currently no legal requirement to have an executive service agreement in place. However, it is strongly advisable to do so in order to regulate the relationship between the director and the employer, as well as providing protection to both parties.
It can be a crucial document for ensuring everyone is on the same page from the outset of the relationship. Legal protection - a director's employment contract will also include important legal protections for a company.
The Act also states that substantial powers of the managing director do not include the power to do administrative acts that are of a routine nature authorised by the board, such as the following: Power to affix the company's common seal on any document. Draw and endorse cheque on the company's account in any bank.