RESIGNATION OF DIRECTOR

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 July 2010 One of our company director send his resignation to the companyon 15.09.2009. We have not yet filed form 32 neither any board meeting held to accept his resignation..Wheather his resignation is valid or not

CA Sanat Pyne

CA Sanat Pyne (Expert)
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29 July 2010 yes his resignation is vaild and date of resignation will be treated as 15.09.2009

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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29 July 2010 IF THE COMPANY ARTICLES REQUIRES ACCEPTANCE OF RESIGNATION OR
TENOR OF RESIGNATION LETTER REQUIRES ITS ACCPETANCE,
THEN THE ACCEPTANCE OF RESIGNATION IS NECESSARY AND THE REGISNATIN BECOMES EFFECTIVE ONLY FROM THE DATE OF ACCEPTANCE OF RESIGANTION.

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CA Sanat Pyne

CA Sanat Pyne (Expert)
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29 July 2010 In saumil Dilip Meheta Vs State of Maharastra, It was held that a director can resign just by sending , in writing , a letter informing either the chairman or the secretary of tha company. He cantender his resignation unilaterally and without filing in form 32 and without sending any notice to ROC.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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29 July 2010 Yes,he can do it. but it articles provides accepatacne then it will be effective only from date of acceptance
S.S.Lakshmana Pillai V. Registrar of Companies(1977)