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Director's resignation

CA Mohd Mobin Mansoori (CA Practice ) (25 Points)

29 April 2013

A director has resigned from company but BOD is not accepting his resignation nor filling Form 32 with MCA.What remedies are available to director to quit the company.

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7 Replies

Neha (Company Secretary) (41 Points)
Replied 30 April 2013

Originally posted by : CA Mohd Mobin Mansoori
	A director has resigned from company but BOD is not accepting his resignation nor filling Form 32 with MCA.What remedies are available to director to quit the company.

The resignation from Directorship is effetive from the date of Resignation letter, there is no need to accept the resignation from the Board. if BOD not accepting his resignation then Director should send the copy of resignation letter to concerned ROC with covering letter where he mentioned that he was resigned the company.

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Ankur Garg (Company Secretary and Compliance Officer) (114783 Points)
Replied 30 April 2013

I would suggest you to go through the Articles of the company to know if there is any contrary provision regarding resignation of director. Filing form-32 is the responsibility of the company.

An ordinary director can resign from the post of director by simply tendering his resignation letter and formal acceptance of his resignation would not be required. However director should inform the ROC on his own.

Raja Rajeswari (Asst. Manager - Quality control manager) (124 Points)
Replied 30 April 2013

The Resignation of a Director is not necessarily acceptable by the Board. It is implied that the resignation letter will be suffy the purpose of his resignation. The date of his resignation letter will be the effective date of his loosing the directorship from the company.

The said director can directly intimate the same to the ROC about his resignation, if company is not filing Form 32

KHUSBU KHEMKA (COMPANY SECRETARY) (46 Points)
Replied 04 May 2013

What is the definition of ordinary director..is Executive, non-executive, additional all these come under ordinary director.

pranav dubal (Accountant) (39 Points)
Replied 19 February 2015

Dear Sir/Madam

I already given in writing resignation letter to BOD. Now they did not admit any director and filing form that required by company law to ROC.

Where can I send my resignation letter to ROC by courier or soft copy. Please provide address where I can send these all documents to ROC by courier or other way.

Thanks very much.

Regards,

Pranav Dubal