Resignation of director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 February 2012 WE HAVE RECEIVED A RESIGNATION FROM DIRECTOR LETTER FOR THE MONTH OF FEB'11, AND THE RESIGNATION OF THE SAME HAS BEEN ACCEPTED BY THE BOARD AFTER AGM ON THE EVEN DATE ON SEP'11

THE ANNUAL RETURN FILED HAS HAS HIS NAME.

IS IT CORRECT AS PER THE COMPANY LAW AND WHAT IS THE PENALTY?

Ajay Mishra

Ajay Mishra (Expert)
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17 February 2012 Hi

Generally after receiving the letter of resignation from director, it is the duty of the company to file Form-32 within 30 days from the date of resignation with ROC, there is no need to wait next Board Meeting for approval, unless the resignation is of Managing Director.

If you have received the resignation letter from Director in Feb 2011, it is required to give the details in Annual Return, but before filing the same you must file Form-32 of resignation with additional fee.

Regards

Jiten Gupta

Jiten Gupta (Expert)
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17 February 2012 Agree with expert..

Resignation is effective from the date on which it is served to Board..

Approval in Board Meeting is not required. Generally a note is taken in next Board meeting held after such resignation..

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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17 February 2012 agreed with expert.

pramod

pramod (Expert)
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18 February 2012 Agreed with expert. Further it is suggested to attach resignation letter copy to form 32 wide MCA General Circular No. 1/2012.

Regards,