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Resignation of Director

28 September 2020

Pls any one help me in this for resignation of director DIR-11 is mandatory?? and then when I file DIR-11 then only I can file DIR-12 is it correct

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CA ABHAY GUPTA (Practice) (3230 Points)
Replied 28 September 2020

When a director files eForm DIR-11 for intimating about his resignation before the company files eForm DIR-12, an email will be sent to the company for filing the eForm DIR-12 and the status of the Director in the company will be changed to ‘Resigned’ against the selected designation. Once the company files the relevant eForm DIR-12, the status shall be changed as per the existing system.

Yes.It is Mandatory as per Section 168(1). For your ready 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:(DIR12) 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.