Filing of dir-11 of amalgamated company


This query is : Open 

(Querist)
30 July 2017 Dear erperts'
Please suggest me how a director resign from an Amalgamated Company.

RICHA KUMAR (Expert)
02 August 2017 File DIR-11 and DIR_12

Prakash (Querist)
02 August 2017 when I fill Form DIR -11 then a message displayed " the CIN belong to the company is amalgamated so the form dir-11can't be file" so please suggest.

RICHA KUMAR (Expert)
02 August 2017 File new company CIN no., for example, if A company is merged with B company, so all the directors of B company will be of A company, so if director of B company wants to resign, and the order of amalgamation has been issued by HC so while filing form DIR 11, you need to file the same for a new amalgamated company that is A company

Prakash (Querist)
02 August 2017 But mam, my doubt is that when old director not appoint in new company by director appointment form then how his resignation is possible.....and is his resignation is necessary

RICHA KUMAR (Expert)
02 August 2017 See whether you appoint or not, by implied provisions that person will b director in New amalgamated company. You have complied by law, but technically your form will create an error as MCA site works on technicalities, you must have resigned him before HC order merger! As per site now there is NO A Company, only new company exists that is B


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