11 June 2020
Dear Experienced members of CAClubIndia,
Greetings of the day! I had a specific query about resigning as a director of a pvt ltd company.
I had joined an pvt ltd company in 2018 which was also formes also together in the same time around June 2018,past 6 months due to multiple reasons,no one focused on the startup and all 3 directors were working on their own in other activities.
Now the other 2 directors have shared with me the resignation letter format. I am happy and willing to resign,thus just wanted clarification that are there any specific clauses to be mentioned in the letter so as there is no element of any liability or other responsibilities I get stuck with after submitting the resignation letter.
########################## To, The Board of Directors Company Name Company Registered Address.
This is to inform you that due to personal commitments & preoccupation, I am unable to give required time and devotion for performing the duties of director and therefore, I hereby resign from the Directorship of the Company with immediate effect. You are requested to accept my resignation and intimate ROC for the same.
I express my gratitude towards all Board members and staff for their support during my tenure as Director.
Thanking you,
Yours faithfully,
Resigning Director Name DIN Number ########################### Let me know your valuable inputs. Thanks for your time.
11 June 2020
No Sir. No specified clauses to be mentioned in that resignation letter. You are relieved from the day of acceptance of your resignation by the Board of Directors in their Board Meeting. Please check whether they passed the resolution for the acceptance of your resignation and file Form DIR-12. For your safety you can file Form DIR-11 with the concerned ROC.
11 June 2020
Agree with Mr Venkataraman S. You simply have to draft a resignation letter addressing to the board stating the details- Form DIR-12 to be filed by the company and Form DIR-11 by the director serving resignation intimation to ROC. Also ensure to get respective forms filed
12 June 2020
Thanks a lot mr.Venkatraman and mr.Punit for your reply.I wanted to confirm the same because I haven't been looking after any activity since more than 1.5 years,thus was concerned if any loan or any other liability may be taken by the 2 directors without informing me. Thus wanted the clarification. Incase there is any such element additionally to be taken care of , please let me know. Thanks for your valuable inputs,once again. Regards.
13 June 2020
You can check the concerned Board resolutions passed for the time being and also you may check the same with the banker of your company about any credit facility which have been availed during such period. If the directors would have availed any loan or liability in their personal capacity, you need not worry.
13 June 2020
Thanks a lot once again mr.Punit for your inputs which gives me complete clarity about it. Regards. Pranav P.S. I am a digital marketer from profession and thus in case you need any help please feel free to connect back with me, would be my previlage to help through
15 July 2020
Dear Esteemed Community Members, Had one more query. They are saying that I need to do KYC again before I can resign as a Director. Wanted to know if this is required as My DIN Number had been active since June 2018.
15 July 2020
As per MCA’s registry update effective as on date, it is mandatory for all directors having DIN to submit their KYC details in e-Form DIR 3 KYC every year. So you comply with the same, for all such purposes.
15 July 2020
No matter whether he is appointed as Director or not, to keep alive the DIN number Every person having DIN Number should file DIR - 3KYC every year.
24 August 2020
Dear mentors, In regards with my previous query wanted one small clarification,while I understand the compliance need of DIR-3 KYC to be done for each year,but I wanted to know that in case it isn't done for any particular year like FY 18-19 or FY 19-20 then could that act/satisfy as a reason for non-acceptance of resignation by MCA.
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