Dear Sir,

I was the cofounder (2 director company) of a private limited company incorporated in 2014. I resigned and my resignation was accepted in writing by the other director in Apr. 2015. I  duly filed the DIR 11 which is also appearing  on MCA site. Ever after 45 days of resignation, the company has not filed DIR 12 and continues to tell the lenders that I am still associated with the company.

Kindly advise what can I do so that my name is removed as director on MCA website. Can i lodge a complaint against the company with MCA.

Regards

Rajesh

Dear Mr Rajesh,

I dont think you need to worry as you have filed DIR-11. For safer side Check the Signatory Details of your company on MCA website. You name should not be appearing in the list , as you have submitted Form DIR-11. 

The remedy for your problem is that you may send a letter to the lenders, bankers and other important contacts ; informing them about your resignation from the company, and discolsing the fact that you will not be liable to them, for any acts done by the company or the other directors from and after the date of your resignation. 

Hope it helps.

Manish 

Dear Mr. Manish

Thanks for your reply to my post and sorry for delayed response. 

My name is still appearing on MCA site as signatory after filing DIR 11. Is it true that the name would only get removed once company files DIR 12. 

Regards

Rajesh

if a director wants to resign from a company and other director is not allowing and reacting on the resignation letter of that director, then how the director can resign from that company.

Pl guide

I have a query regarding DIR-12 & DIR-11 , if  director give his resignation but cmpany does not file DIR-12 and Director give his DSC to CS for DIR-11 filling purpose  but his not filling the same . then what is the consequences for director

SUB : Filing of DIR-12 and DIR-11,

With in how many days we have to file DIR-11, DIR-12 from the date of Resignation of director?

within 30 days from resignation of directors

If company has already filed Form 12 so is it mandatory for director to file Form 11

I  HAVE GIVEN RESIGNATION FROM DIRECTORSHIP OF 5  PVT. LTD COMPANIES. TWICE I HAVE SIGNED RESIGNATION LETTER. SEVERAL TIMES I TALKED OVER TELEPHONE TO FILE DIR - 11. WITHOUT FILLING DIR-11 I AM UNABLE TO FILE DIR-12. NOTHING HAPPEND ABOUT 2 YEARS LAPSED BUT THE COMPANY NEITHER FILE THE DIR-11 NOR CHANGED SIGNATURE FROM BANK. MY DIGITAL SIGNATURE ALSO KEPT BY THEIR AUDITOR. SHARE MONEY & OTHER ENTRIES ALSO NOT SQUARED - UP. NOW SUGGEST ME -- WHAT TO DO.

Dear Rs Sharma

You can give due written notices to Auditor of that company to return your digital signature, failing which you can file FIR for lost of your digital signature and warn to auditor for same, besides, you can also warn that auditor about using of your digital signature out of your permission and knowledge.

Further, as you have been trying since last two years, there might be a change that your Digital signature got expired, so in such case, without waiting for further time, you may proceed to take your new digital signature irrelevant of the fact that it was already issued, you may have two digital signatures.

besides, you are not required to depend upon auditor or company to file your DIR-11, you may hire any other consultant or file DIR-11 by yourself too.  

Dear Mr. Mehta

My husband resigned from his post as Wholetime Director of a private limited company in October 2016. He hadn't been able to file DIR-11 since the company never responded or acknowledged the resignation and his DSC was with their auditor. His DSC has expired and we have received a new one. Is there a penality for filing DIR-11 almost 6 months late? What happens if the company does not file DIR-12? Will his name be still listed with the company in the MCA database? What can be done by the director to remove his name being associated with the company in official MCA/RoC records? There is a 10 times penality of normal fee mentioned in some websites? If it is true, is it over and above the original fee? As in if the fee is Rs 300 do you have to pay Rs 3000 as fee or do you have to pay Rs 300 + Rs 3000 = Rs 3300 in total?

Looking forward to your help.

Regards

Merryn John Tharakan

DIR-11 filed first.

Now DIR-12 Prescrutinize is unsucessful with the error message there is no DIN associated with the company. Any way-outs to the problem ??

Originally posted by : Merryn John Tharakan
	Dear Mr. Mehta My husband resigned from his post as Wholetime Director of a private limited company in October 2016. He hadn't been able to file DIR-11 since the company never responded or acknowledged the resignation and his DSC was with their auditor. His DSC has expired and we have received a new one. Is there a penality for filing DIR-11 almost 6 months late? What happens if the company does not file DIR-12? Will his name be still listed with the company in the MCA database? What can be done by the director to remove his name being associated with the company in official MCA/RoC records? There is a 10 times penality of normal fee mentioned in some websites? If it is true, is it over and above the original fee? As in if the fee is Rs 300 do you have to pay Rs 3000 as fee or do you have to pay Rs 300 + Rs 3000 = Rs 3300 in total? Looking forward to your help.   Regards Merryn John Tharakan

It will be Rs. 3300 in total...file DIR 11...but you will need to attach the proof of dispatch of his resignation.

Originally posted by : CA Pratik Damani
	DIR-11 filed first. Now DIR-12 Prescrutinize is unsucessful with the error message there is no DIN associated with the company. Any way-outs to the problem ??

Pratik, is the name removed from the Company master data.....

Raise a ticket with MCA portal for the same or speak with their representative....

There is pananly for non filing of DIR 11

Less than 1,00,000 Rupees 200

1,00,000 to 4,99,999 Rupees 300

 5,00,000 to 24,99,999 Rupees 400

 25,00,000 to 99,99,999 Rupees 500

 1,00,00,000 or more Rupees 600   

In case of company not having share capital  
Fee applicable  Rupees  200   
Additional fee 
Period of delays All forms Up to 30 days  2 times of normal fees More than 30 days and up to 60 days 4 times of normal fees More than 60 days and up to  90 days 6 times of normal fees More than 90 days and up to 180 days 10 times of normal fees More than 180 days and up to 270 days  12 times of normal fees