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Remove a Director During A Dispute

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  • 28-07-2012 6:42pm
    #1
    John_10
    Registered Users Posts: 11 ✭


    I was informed a director cannot be removed by the shareholders at an extraordinary geneal meeting if the director in question is in dispute with the company.

    Can anyone verify or elaborate on the accuracy of this ?

    Thanks !


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    #2
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    John_10 wrote: »
    I was informed a director cannot be removed by the shareholders at an extraordinary geneal meeting if the director in question is in dispute with the company.

    Can anyone verify or elaborate on the accuracy of this ?

    Thanks !

    It's not true although said removal would need to be done carefully so as to avoid falling foul of s205 of the Companies Act for oppression and certain other remedies available to a director who feels he has been improperly removed.

    Essentially, if someone was resolved to this course of action they would do well to receive legal advice on how to do so before attempting it as the complex relationship between the Companies Acts, common law and a company's articles of association make this quite a nuanced issue.


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