05 January 2015
What are the consequences if DIR 11 is not filled? Is there any penalty attracted? If the director is not having DSC then is there any relief?
06 January 2015
The law has caste duty upon the Director Resigning, to File Form DIR- 11 (Company shall file form DIR 12) and
Mention therein the Reason for Resigning. Enclose the copy of Notice sent to the Company. Enclose Proof Of Dispatch. File the said form within 30 days of resignation along with the prescribed filing fees.
**************************************** Sample Resignation Letter
Date:
To
The Board of Directors,
ABC Private Limited
Address
Sub: Resignation from the position of Director ************************************************
Dear Sir/Madam,
Due to personal and unavoidable circumstances, I hereby tender my resignation from the Directorship of the Company with immediate effect. Kindly accept this letter as my resignation with immediate effect, from the post of Director of ABC Private Limited, and relieve me of my duties.
Kindly acknowledge the receipt of this resignation letter and arrange to submit the necessary forms with the office of the Registrar of Companies, NCT of Delhi and Haryana to that effect.
Thanking You
Yours sincerely,
(SANJAY VERMA)
Address:
DIN No.:
————————————
2. Resignation acceptance Letter by the Company
To, Dated:
Mr. *******
Address:
Subject: Acknowledgement of Resignation ***************************************
Dear Sir,
This has reference to your resignation letter dated _________. In this regard, please be informed that, the Board of Directors have approved your resignation w.e.f. __________, in the duly held Board meeting dated _______________.
The Board sincerely appreciated your association with the Company and the support which you have rendered during your tenure. We would like to wish you all the best with respect to your future.
Thanking you,
Yours Faithfully
For ABC Private Limited
(RAMESH VERMA)
Director
DIN:
————————
3. Board Resolution for taking note of resignation
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF DIRECTORS OF ABC PRIVATE LIMITED HELD ON _______________AT 04.00 P.M. AT ________________________________
RESIGNATION OF MR. *********** AS DIRECTOR
“RESOLVED THAT resignation of Mr. Mohit Chauhan as Director, from the Board of Directors of the Company, be and is hereby accepted with effect from _________________.
FURTHER RESOLVED THAT for the purpose of giving effect to this resolution, Mr. Rakesh Singh, Director of the Company be and is hereby authorised to do all acts, deeds, matters and things as deem necessary, proper or desirable and to sign and execute all necessary documents, applications and returns along with filing of necessary E-form with the Registrar of Companies, NCT of Delhi and Haryana.”
Certified True Copy
For ABC Private Limited
(RAMESH VERMA
Director
Address:
DIN:
There is warning note at the end of the form which states as follows:
Note: Attention is also drawn to provisions of Section 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively. These sections 448 and 449 relate to punishment for committing fraud or giving false evidence and these are non-compoundable offenses.
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