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Dir 11 mca from filing when company office is untraceable

04 April 2019

Dear All,

I was inducted as a director in a pvt ltd company in Aug 2016.

Since last several months the other directors are untraceable and the company has left the rented premises. New address has not been updated in MCA.

Last week I went to the registered address displayed in the MCA records only to be told by the landlord that the office has shifted somewhere else. Also, arrest warrants are pending against the managing director. Who is absconding.

Immediately I sent my resignation to the registered email ID of the company as per the MCA records.

Now what proof of dispatch can I file in the MCA form DIR 11.

Kindly advice what should I do to file the DIR 11 form.

Thanks in advance.

Sekhar Biswas

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4 Replies

CA Ankit Garg (MD | Genuine Filings) (781 Points)
Replied 04 April 2019

I recommend you to call an EGM, if directors & members are different and let them know about the situation and remove such director and appoint new and then resign, otherwise send your resignation to each of the Director's personal mail if available, company's regd mail and also post your resignation with due acknowledgement to the registered office with MCA, further I advise you to give your resignation in a newspaper with good readership in the state where registered office is situated, then submit DIR-11 along with Resignation Letter, newspaper cutting and arrest warrant, if available, and detailed reason of resignation.

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