Appointment & retirement of director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 July 2014 can anybody tell me if appointment or retirement of director made, is there any requirement in companies act to intimate roc or mgt-14 need to be file. kindly help me

Ankur Garg

Ankur Garg (Expert)
Follow

18 July 2014 For procedure for appointment of Director go through the link below:

https://www.caclubindia.com/articles/procedure-for-appointment-of-additional-director-in-ca-2013-20653.asp

Resignation of Director u/s 168 [DIR-11]

As per first proviso to section 168(1), if a director wants to resign, he has to file copy of his resignation letter with reasons of resignation directly with ROC also with Form DIR.11 under his Digital Signature. It means it will be mandatory for all directors to have Digital Signature sooner or later.

Discussion regarding Form DIR-11 under Companies Act, 2013

I have gone through form DIR.11 prescribed for the resignation of Director. As per new rule it is duty of resigning director to file DIR.11 along with his resignation letter. I have 2 observations w.r.t. form DIR-11 which is to be filed by the director who has resigned from his post:

1. Point no. 6 in form DIR-11 inquires whether confirmation is received from the company w.r.t. the resignation of Director. As per my understanding if we mention “NO” in the E-form, there will be no issue in future as confirmation of resignation from company is not mandatory u/s 168.

2. Further attachment section of form DIR-11, asks for proof of dispatch. Now the question is --- Is there any requirement of formal dispatch through post which generates proof of dispatch? My Answer is “NO”.

We can use scan copy of “receiving” of resignation letter given by responsible official of the company in case of personal delivery. Further scan copy of printout of resignation E-mail would be enough as proof of dispatch.

This short note is just an opinion and open for discussion.