Priyanka (Accounts Manager) (60 Points)
09 December 2014Can a director be held resposible after tendering his resignation?
The Company has not filed Form-32 acknowledging his resignation.
Will it affect the Director who has resigned and is employed in another Company??
Please Help.
CS Mitesh Mehta
(Company Secretary)
(17139 Points)
Replied 18 December 2014
Director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure.
Bombay High Court in the year 2002 in the case of Saumil Dilip Mitra v. State of Maharashtra (2002) 48 CLA 21, it was clearly held that
A director of any company can tender his resignation unilaterally and without filling in Form No. 32 and without sending a notice to the Registrar of Companies. Filling in Form No. 32 and the giving of intimation to the Registrar is the duty of the company secretary and not of the resigning director. A director who intends to resign has to send in writing a letter informing either the chairman or the secretary, his intention to resign from the post of the director. Thereafter, the said letter has to be moved in the meeting of the directors; it may be ordinary meeting or may be extraordinary or special meeting.
However as per the new Companies act, 2013 duty has been casted 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
CS Sandip Nagariya
(article)
(59 Points)
Replied 18 December 2014
Director is not responsible after his resignation.However he is contuined liable all act that he was made at the time of director.
CAclubindia
