Divanshu Mittal (Company Secretary & Compliance Officer) (29 Points)
24 May 2012Hello,
My Query is: A Director of the company served a resignation letter to the Board and Board accepts the Resignation of a director a put a condition that till the appointment of a New Director the resigning director will sign on behalf of the Company.
Can a resigning director is able to sign after serving a Resignation letter. Please help me with the provision of Law and clarification.
sangram ghatge
(company secretary in practice)
(198 Points)
Replied 24 May 2012
no he cant sign after resignation. condition imposed by the company is not legal.
regd,
sangram
9422622828.
Divanshu Mittal
(Company Secretary & Compliance Officer)
(29 Points)
Replied 24 May 2012
If it is written in AOA of the company that director has to sign till the appointment of new director. Then in what capacity he could sign.
sangram ghatge
(company secretary in practice)
(198 Points)
Replied 24 May 2012
the provision in AOA is invalid. he cant sign as director. to sign in any other capacity, such resolution needs to be passed.
CAclubindia
