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Pre-dated resident director resignation

VRK (Manager) (23 Points)

28 November 2018

Is it okay if the resident director of a company submits a pre-dated resignation letter?

Also which Indian Government regulatory body regulates and governs the unlawful behaviour of resident directors?

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1 Replies

kapil gupta (217 Points)
Replied 02 December 2018

Section 168 of Companies Act,2013 prescribes that if director has resigned he shall inform the company im writting and company after taking note of the sams shall file it to registrar within 30 days in Form DIR-12.
And director he wants MAY(optional)also file intimation of resignation to registrar within 30 days of resignation in FORM-DIR11.
Effective date of resignation shall be date of resigning or date mentioned in resignation,whichever is later.
1.Answering to your question--If a director submit a pre dated resignation first of all it will not rescue him from offences commited by him till the DATE OF SUBMISSION.
Secondly,if submits a pre dated resignation it wil be deemed effective on the date COMPANY RECIEVES IT.
2.Answering to your 2nd part --- director is officer of company u/s2(59) and officer in default 2(60).
if he commits default companies act itself punish him .
There is no special authority which govern resident director unlawful behaviour.
Thanks