CIMA BA4 · Chapter 13 · Question 5 of 10
Under English law, how can the members of a company remove a director before the end of his term of office?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: A) By ordinary resolution at a general meeting, with special notice given to the company
Explanation
Section 168 of the Companies Act 2006 allows members to remove a director by ordinary resolution at a meeting, notwithstanding anything in the articles or any agreement with the director. Special notice (at least 28 days' notice to the company under section 312) must be given, and the director has the right to be heard and to make written representations (section 169). A written resolution cannot be used for this purpose (section 288).
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