Resignation of director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 July 2015 Sir,
Is it mandatory to file form DIR-11? & If yes, how can a resigning director sign his form if he does not have a digital signature?
Pls do reply.

CS JAY GOHIL

CS JAY GOHIL (Expert)
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13 July 2015 yes it is mandatory to file DIR - 11.
you have to take DSC of resigning director there is no alternative of this

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Pratik Shah

Pratik Shah (Expert)
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14 July 2015 Jay bhai is correct. To add to his answer, if such director is foreigner, then he can authorise Practicing Professional (CA/CS/CWA) to sign Form DIR-11 on behalf of him/her. In such, you do not need Digital signature of such director.

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CS JAY GOHIL

CS JAY GOHIL (Expert)
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14 July 2015 agree with Mr Pratik

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Querist : Anonymous

Querist : Anonymous (Querist)

14 July 2015 What if the director is NRI and currently is not in India.Can he also authorize practicing professional to sign DIR-11 on his behalf?

Pratik Shah

Pratik Shah (Expert)
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15 July 2015 As per the amendment of rules, they have used word 'Foreign Director'. I think, in your case, if he is not the citizen of India (even though he is NRI) and he is residing out of India for more than 182 days (non-resident), then he can authorise professional or resident director to file DIR-11.

Since nowhere in the Act/Rules, the definition of Foreign Director is mentioned, it is better if you ask this to any office in ROC.

MCA has not clarified whether 'Foreign Director' stands for 'Foreign Resident' or 'Foreign citizen'. There is big difference in both.