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Companies act 2013

29 April 2014

Now, under Companies Act 2013, for resignation of directors, two Forms are required to be filed i.e. Form DIR 11 and DIR 12. In case Form DIR 12 is filed without filing Form DIR 11 then will it attract any penalty on Company and director. Is there any provisions for this ? Please answer it asap.

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Vandana J Doshi (Practising Company Secretary) (12562 Points)
Replied 29 April 2014

DIR 11 is the responsibility of the Director, so the Company wont be penalised for the same....

However, section 168 dealing with it is silent on the matters of penalty on the Director for non filing Form DIR 11...But i think that it will be mandatory on the part of the Director to file the same otherwise the ROC might include their name in the Directors list....

However, this is my view.....Others view invited...