A director appointed to a Section 8 company can resign by submitting written notice to the company with an effective date. However, they cannot file the resignation with the MCA until the company has filed its INC20A form to commence business. Following the company's INC20A filing, the director must submit Form DIR-11 within 30 days of their resignation, including detailed reasons and the resignation letter.
09 June 2021
Hello Sir/Madam, Query: If one of the directors is appointed as Director under section 8 company, but the company has not filed INC20A (Commence of business not filed) please advise how the director can take resignation-way out to exit from section 8 company.
10 July 2021
The Director has to send written communication of resignation to the company with proper mentioning of effective date of resignation. Then within 30 days from the date of resignation, file form DIR-11, giving detailed reasons along with the copy of resignation and prescribed fee.