Non acceptance of resignation of director

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

27 February 2017 Dear Experts,

Can company deny to accept resignation of director stating reason that director has not cleared financial liabilities with company?

ACS Ami Sheth

ACS Ami Sheth (Expert)
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27 February 2017 No,
A person can resign at any time from a Company and he must file Form DIR-11, once he/she has filed Dir-11, it is accepted on MCA portal. Then its Company's responsibility to file Form DIR-12. Company cannot deny resignation.

Querist : Anonymous

Querist : Anonymous (Querist)

28 February 2017 But if there is substantial liabilities pending with company from the Resigning director. Then what will be remedy on part of company.

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Expert : Anonymous

Expert : Anonymous (Expert)

04 March 2017 as per section 168 director can resign by giving mere notice..... even it is not Accepted by company....... he is resigned from the date of resignation letter received by the company or any other date specified in letter which ever is latter..............