Director Retiring by rotation
The Annual General Meeting of the company going to be held in month of sept in which one director is liable to retire by rotation Mr. X. Now company do not wishes to continue the services of Mr. X and make decision to not to reappoint the retiring Director i.e. Mr. X in the Annual General Meeting and also decides not fill the vacancy by expressly resolving in the meeting by passing resolution in this behalf.
My 1st Question is weather it is really mandatory to take any document from the retiring Director like resignation letter or intimation letter that he do not offer himself for reappointment. As there is family dispute between the directors of the company therefore company do not expect to get any document from the retiring director.
My 2nd question is that if we proceed with the the decision of not reappointing the retiring director and not to fill the vacancy without informing the Mr. X the retiring Director then what are the consequences and other penal provision which company have to face in future.
My 3rd question is to what attachment do we really need to keep in form DIR 12 where details of retiring director is to be filled.