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Hello
In Bpp , in directors disqualification under model articles these 3 grounds are also mentioned. Pls can you explain me
1) director become insane
2) notification is received by company from director that the director is resigning from office and such resignation has taken effect in accordance with its terms
3) In addition to main grounds of disqualification , articles may provide that director shall automatically vacate from office if they are absent from board meetings without obtaining leave of board for a specifed period say 6 months.Are these 3 valid grounds for disqualification?
1 and 3 are but I’m not sure what 2 is saying!
Why have you done this to me??
I’ve just checked the Model Articles (https://www.legislation.gov.uk/uksi/2008/3229/schedule/1/made) and article 18 relates to the Termination of director’s appointment
THIS IS NOT THE SAME AS DISQUALIFICATION
Here is Article 18 from the government website:
“Termination of director’s appointment
18. A person ceases to be a director as soon as—
(a)that person ceases to be a director by virtue of any provision of the Companies Act 2006 or is prohibited from being a director by law;
(b)a bankruptcy order is made against that person;
(c)a composition is made with that person’s creditors generally in satisfaction of that person’s debts;
(d)a registered medical practitioner who is treating that person gives a written opinion to the company stating that that person has become physically or mentally incapable of acting as a director and may remain so for more than three months;
(e)by reason of that person’s mental health, a court makes an order which wholly or partly prevents that person from personally exercising any powers or rights which that person would otherwise have;
(f)notification is received by the company from the director that the director is resigning from office, and such resignation has taken effect in accordance with its terms.”
OK?
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