Seeking valuable suggestion (for my own understanding):
There is one Private Limited company with original 2 subscribers of MOA as Director's.One is MD and other as a Director.
Now after some time there is an appointment of an additional director to this company
After few months of appointment this Additional Director resigns from the Board by sending a written letter to company.
After more than 10 months of time interval from tendering of resignation by Addl Director, company neither responded back to resignation letter nor have filed Form32 with ROC.
Also in between after tendering of resignation by Addl Director, MD also resigns by sending an email to Original Director (Subscriber to MOA) of his intention to resign from company by doing Cc to that specific email to additional director as well who has already resigned from Board before MD and MD requests to that Director to record the same and file Form 32 with relevant ROC.Till date again, remaining Director has not done anything till date.This Director does not have his DSC as well.THOUGH, All the three persons i.e. Additional Director,MD and Director continues to be shareholders with their respective percentage of shareholdings into company notwithstanding of above prevailing situation.
What is the best course of remedy is feasible for the Additional Director who has already resigned from the Board almost 10 months back ?
What are complications arise due to deliberate resign by MD from the Board of company by knowing the fact that 2 persons must continue to act as a Director in case of a private limited company in order to keep complying with statuary and mandatory rules. Could there be any complications for that Additional Director who has already resigned months back due to deliberate resign from MD ?
Thanks,
CAclubindia
