Add a Director
To add a Director or Designated Partner, Digital Signature must first be obtained for the proposed Director. Once, Digital Signature is obtained, the proposed Director can be added into the Company with the consent of the shareholders. To remove a Director from a Company or LLP, it is important to ensure the Company or a LLP would have the minimum required number of Director or Designated Partner after removal of the Director. If so, then the resignation letter along with the required form must be filed to effect the resignation of the Director.
Remove a Director
Power to remove directors has always been there for the shareholders. At the end of the day the Directors are responsible for the day to day activities and are always answerable to the shareholders.
Shareholders can remove any Director ahead of his tenure except any director appointed by Tribunal for prevention of oppression and mismanagement u/s 242
And a director appointed under the principle of proportional representation u/s163. Right of shareholders to remove a Director in th general meeting through a ordinary resolution is a legal right. This legal right cannot be damaged or taken away by any MOA,AOA or agreement.
Add a Partner
A person to be admitted as partner to the LLP with the consent of other partners of the LLP with its mutual rights and obligations to be determined vide agreement entered into the LLP and with its other partners. LLP shall file eForm 4 for change in partner and eform 3 for amendment in LLP Agreement with Registrar within 30 days of admission of new partner pursuant to provisions of Section 25 of the LLP Act 2009.
Remove a Partner
In case the LLP agreement does not have a restriction clause, then a partner of LLP can resign from the LLP by providing notice of resignationin writtingnot less than 30 days to the other partners in the LLP.
In the below cases a LLP partners would automatically cease to be a partner in LLP.
- If the partners is declared Insolvent
- If the partner is declared of unsound mind
- Death of Partner
- Dissolution of LLP
Change Company Address
Every business organization has a principal place of business activities, which in case of a company called its registered office. The address of the situation of the registered office is very important from general public, shareholders, customers and various other points of view. Every company is governed in accordance with the provisions of the Companies Act, 2013, therefore, it is mandatory for all companies to keep the Registrar of Companies informed about the location of the registered office and changes thereto from time to time. Promoters of the Company decide the State in which the registered office shall be situated.
Change in Address can be as below :
- Change in registered office from one place to another place within the limits of the same city, town or village
- Change in registered office to a place outside the local limits of the existing place but within the same State under the jurisdiction of the same Registrar of Companies.
- Change in registered office to a place from the jurisdiction of one Registrar to that of another Registrar within the same State.
- Change in registered office from one State to another State.