Removal of a director in a pvt ltd company
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
04 April 2015
In the case of a private ltd company with two directors with equal share holding , one of the director wants to resign and exit the company , however his resignation is not being accepted by the other director and he is not being cooperative.The director planning to resign has no control on the finances of the company . In such a a case how can he resign/exit from the company so that the legal liability due to the other director does not come on him.
05 April 2015
Hi,
As per Sec 168 of the Companies Act, 2013 a director can resign from the Board by given written notice of resignation, stating the reasons for resignation. Further, the proof of sending notice of resignation by the director to the company has to be enclosed as attachment to Form DIR-11 (form for resignation of director) alongwith the resignation letter. The form DIR-11 has to be digitally signed by the outgoing director. Hence, in form 11, the director can state the valid reasons for resignation, which would be approved by ROC if found reasonable. His liability will be restricted to the tenure during which he held office as a director in the company.
As per Sec 168 of the Companies Act, 2013 a director can resign from the Board by given written notice of resignation, stating the reasons for resignation. Further, the proof of sending notice of resignation by the director to the company has to be enclosed as attachment to Form DIR-11 (form for resignation of director) alongwith the resignation letter. The form DIR-11 has to be digitally signed by the outgoing director. Hence, in form 11, the director can state the valid reasons for resignation, which would be approved by ROC if found reasonable. His liability will be restricted to the tenure during which he held office as a director in the company.
Message likes :
1 times
Querist : Anonymous
Querist :
Anonymous
(Querist)
05 April 2015
Thank you very much Prathiba
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Late Filing Fee Waiver for Q1 Form 144 (Earlier 27Q) – Transition to Income-tax Act, 2025
- Employee secondment
- IMS (import of goods) ITC related
- Form 144 TDS Return Validation error
- Capital gains in IT returns
- How do you manage client document collection and follow-ups in your CA/CS practice?
- Form 144 TDS Return Validation Error – Mandatory Fields
- GST ITC as per notification 12/2023- central tax
- Urd purchase entry in tally prime
- Rent agreement of House of deceased person
- Gift to nri relatives resides in usa
- Ito add credit side of bank
- Subject: Legal Remedy for Removal of Income Tax Demand for AY 2024–25 – Charitable Trust
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
