Director resignation
SAHDEV YADAV (ACCOUNTING,AUDITING) (118 Points)
25 March 2016
What is Evidence of Cessation,in case of resignation by director
17 Replies
Nidhi Jain
(CS )
(987 Points)
Replied 25 March 2016
Resignation letter receipt from director and Board Resolution to take note of Resignation of director
Jacky
(Accountant & CA Final Student)
(320 Points)
Replied 25 March 2016
Notice of resignation filed with the company
Proof of dispatch
Acknowledgement received from company, if any
Jacky
(Accountant & CA Final Student)
(320 Points)
Replied 25 March 2016
eForm DIR-11 is required to be filed pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014 which are reproduced for your reference.
Section 168(1): A director may resign from his office by giving a notice in writing to the company and the Board shall on receipt of such notice take note of the same and the company shall intimate the Registrar in such manner, within such time and in such form as may be prescribed and shall also place the fact of such resignation in the report of directors laid in the immediately following general meeting by the company: Provided that a director shall also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in such manner as may be prescribed.
Rule 16: Where a director resigns from his office, he shall within a period of thirty days from the date of resignation, forward to the Registrar a copy of his resignation along with reasons for the resignation in Form DIR-11 along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
csmedha
(Company Secretary)
(91 Points)
Replied 25 March 2016
Resignation Letter received from Director
Acknowledgement of receipt of resignation by board of company
In case delivered by hand, acknowledgement can be given by any present director of board
filing of DIR 11 and DIR 12 with MCA within 30 days of such resignation
If notice is not held within such period of resignation, taking note of resignation in next meeting of such director.
Regards,
Medha Bhargava & Associates
csmedha @ gmail.com
Jacky
(Accountant & CA Final Student)
(320 Points)
Replied 25 March 2016
dear csmedha
kindly clarify
DIR 11 is filed by director & DIR 12 is filed by Co. right ??
csmedha
(Company Secretary)
(91 Points)
Replied 25 March 2016
Yes Jacky
DIR-11 is to be filed by Director himself. DSC of the resigning director would be necessary.
DIR-12 by the company..
csmedha
(Company Secretary)
(91 Points)
Replied 25 March 2016
Yes Jacky
DIR-11 is to be filed by Director himself. DSC of the resigning director would be necessary.
DIR-12 by the company..
SAHDEV YADAV
(ACCOUNTING,AUDITING)
(118 Points)
Replied 25 March 2016
Thanks for reply, at the time of filling for DIR-12 by company two attachment are mandatory
1- Notice of resignation;and
2- Evidence of Cessation
my question is what evidence of cessation should be attached ??
csmedha
(Company Secretary)
(91 Points)
Replied 25 March 2016
In case of evidence of cessation, if you have received it by post or courier, that acknowledgement would suffice the purpose.
In case of via mail, the email copy shall be evidence
In case via hand delivery, then any of the director from the Board can sign the letter as the acknowledgement for the receipt of the letter.
Hope that clarifies.
Regards
CS Medha Bhargava
csmedha @ gmail.com
SAHDEV YADAV
(ACCOUNTING,AUDITING)
(118 Points)
Replied 25 March 2016
yes it is clear, thank you very much
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