Resigning from directorship

Pvt ltd 242 views 5 replies

I am a director in a IT company. Last aug 2017, i submitted my resignation. Also due to health reason.

In spite of several reminders , But the other director / that company has not filed by resignation with ROC.

How can i  forcibly resign from the directorship, that too from that from Aug 2017 onwards.

Note : I do not want to take any responsibility of the any activities post Aug 2017., 

Please advise.

Replies (5)
U can file Form DIR 11.
File DIR-11 with the ROC within 30 days of resignation from directorship.

As per section 168 of the Companies Act 2013, a Director may resign from his office by giving notice in writing to the Company and Board shall take the note of the receipt of the same. The Company shall file form DIR 12 within 30 days from the date of resignation .The date of resignation shall be effective from the date specified in the notice or letter received by the Director whichever is earlier.

 

However , Director shall also file form DIR 11 within 30 days of resignation to give effect to the section

Under the new Act resigning director is required to file DIR-11 with ROC directly.  This has been done to take care of situation narrated by you.

 

form filing is just a technical thing...the day you give your resignation letter to the company, you are free from directorship. (ofcourse you have to keep its proof like mail or something). however you should file DIR 11 at your end.


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