What resolution is required to remove a director from office in a company?

To remove a director from office in a company, an ordinary resolution with special notice is required. This means that not only does the matter need to be put to a vote, but the company must also provide prior notice indicating that the resolution for removal will be considered.

The requirement for special notice ensures that all members are adequately informed about the intent to remove the director, allowing them sufficient time to consider their stance and participate in the voting process. This procedure upholds transparency and fairness in how directors are managed, reflecting the rights of shareholders to have a say in the governance of the company.

Other types of resolutions, such as merely an ordinary resolution, do not impose such strict notice requirements, and therefore would not suffice for this matter. A special resolution typically requires a higher threshold of voting power and is not necessary for removing a director, while a written resolution does not apply in this context where formal notice must be given prior to the vote. The combination of an ordinary resolution with special notice is specifically outlined in company laws and regulations to ensure due process in the removal of directors.