Director – removal (by members)
How do you remove a director who will not resign? You can remove them forcefully by passing a board or member resolution. Removal by member requires a vote at a shareholder meeting (more than 50% majority required) following the standard provisions of sections 168 & 169 Companies Act 2006. This is the route provided by Kudocs.
If the company’s articles permit other methods for removing a director (e.g. different notice periods), please either complete the process outside of Kudocs and record the outcome, or arrange an ad hoc meeting separately (using the Meetings function) and then record the outcome using Kudocs.
How quickly can a director be removed? The Kudocs process follows the standard provisions of the Companies Act – at least 28 days notice is required.
Can a director object to their removal? Yes, a director may submit representations (in writing and in person) before the members meeting in response to their proposed removal.
Does Kudocs update Companies House? Yes, if you choose this option, Kudocs will file the necessary form (TM01) electronically on your behalf.
What happens if the resolution is rejected? If the vote is rejected, the director remains in position.