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Discussion regarding form dir-11 under ca 2013

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)

17 May 2014

2 Questions w.r.t. Form DIR-11 which is to be filed by the director who has resigned from his post.

Point no. 6 inquires whether confirmation is received from the company. As per my understanding if we mention “NO” in the E-form, there will be no issue in future as confirmation of resignation from company is not mandatory u/s 168.

Further attachment section of form DIR-11 asks for proof of dispatch. Is there any requirement of formal dispatch through post which generates proof of dispatch?

Can we use scan copy of “receiving” of resignation letter given by responsible official of the company in case of personal delivery. Further scan copy of printout of resignation E-mail would be enough as proof of dispatch?

Kindly share your opinion.

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3 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 17 May 2014

Yes Ankurji, I agree with you on both the points.

Thanks

praveen (Chartered Accountant) (6971 Points)
Replied 17 May 2014

Even I agree with both the points.

Section 168 doesnot require acceptance of resignation of the director by the company

Secondly electronic mode of despatch should be fine.

Amit Jindal (student) (48 Points)
Replied 09 July 2014

Ankur Ji, i want to share my point on proof of dispatch. i think if we mail the document by registered post, then the receipt of the same from post office will serve as proof of dispatch, also its better to attach acknowledgement card with the registered post, so that the signature of receiving officer on the same will serve as confirmation from the company. in case we personally hand over the resignation letter to the company, then we should take receipt of the same (signature & seal of the company)on duplicate copy of the letter and this letter will serve as both confirmation and proof of dispatch. but as per my opinion in the light of CA,13, a resignation letter should always be sent by registered post only.