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Removal of director

shreya singal (student) (297 Points)

16 June 2017

Hi, friends....for removal of directors in DIR-12 should we attach notice of resignation and evidence of cessation?

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upasana gupta (Finance Professional) (3931 Points)
Replied 16 June 2017

yes notice of resignation ,its proof of dispatch and acknowledgment received from the company is compulsory to be attach with DIR-12

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shreya singal (student) (297 Points)
Replied 16 June 2017

What if the company is removing the director? even in that case should we attach notice of resignation?

CA PRADEEP C B (Prop: Pradeep C & Company Chartered Accountant Palakkad Kerala) (166 Points)
Replied 17 June 2017

Removal of a director under section 169.
Resignation of director under section 168.
so removal is different from resignation. hence the attachments will be different.
In case of removal of a director, while filing eform DIR - 12, within 30 days of ordinary resolution passed, attach the following details:
1. Certified true copy of Special Notice received from shareholder.
2. Proof of delivery of Special notice to director proposed to remove.
3. Special notice of EGM to shareholders.
4. Certified true copy of ordinary resolution passed.

along with prescribed fees.

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