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Section 168 Requiring Director's Removal (Member's Requisition)

Publisher one

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Source file

Jurisdiction

England and Wales

Contract party

Relevant sectors

Type of legal document

📑 Members' requisition

Business activity

Remove a director

Why use a 📑 Members' requisition?

A member's requisition is a formal request made by a member of parliament to the Speaker of the House of Commons for the issue of a writ for a by-election. The Speaker must issue the writ within 21 days of the requisition being made. A requisition must be signed by at least two members of parliament.

The legal template titled "Section 168 Requiring Director's Removal (Member's Requisition) under UK law" is a document that outlines the procedures and requirements to remove a director from a company as specified under Section 168 of the UK Companies Act. This section empowers members of a company (shareholders) to request the removal of a director through a formal requisition process.

The template likely includes detailed instructions and guidelines on how members can submit a requisition for a director's removal, including the necessary information, documentation, and signatures required for a valid request. It may also outline the specific grounds on which a director can be removed, such as breaches of fiduciary duty, misconduct, or incompetence, in accordance with the provisions of the Companies Act.

Additionally, the template may provide guidance on the process for convening a general meeting or special resolution to discuss and vote on the director's removal. It may outline the notice requirements, minimum quorum, voting procedures, and the nature of the resolution required to effect the director's removal.

The template could also provide sample language and clauses that can be used as a starting point for drafting a requisition or resolution, ensuring compliance with the legal formalities and language expected by UK law.

Overall, this legal template aims to assist company members in exercising their statutory right to remove a director by providing a comprehensive and structured framework for the requisition process, helping to safeguard the integrity and transparency of company governance in the UK.

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