Resignation of a Director

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Krishna Prasad V (Querist)

14 December 2009 When a Director resigns,
~ what are the steps or documents should be obtained?
~ The Director who is Resigning, his name already mentioned in MOA & AOA, but, his DIN had been rejected ( Resigning Director doesn't have DIN ) - Then What to do for the further procedure in ROC?

Rasesh

Rasesh (Expert)

14 December 2009 Steps / Documents to be obtained: Resignation Letter from the director. The date of resignation should be mentioned.

2nd Query: If DIN was not obtained earlier, then now apply for DIN of the Director. AFter the DIN is obtained, File Form 32 for his appointment (with additional fees) and then a seperate Form 32 for his resignation.

I also feel that though the name is mentioned in the MOA, in the Forms to be filed at the time of incorporation, his name must not have been recorded. If the company is an old company (i.e. existing before the DIN rules came into effect), then please verify whether DIN-2 and DIN-3 have been filed with the ROC.

Krishna Prasad V

Krishna Prasad V (Querist)

14 December 2009 The Company recently incorporated i.e. September 2009, then, we should take DIN for the Director, Right?

Is DIN Compulsory in this Case?

Ankur Garg

Ankur Garg (Expert)

14 December 2009 I dont understand how can you incorporated a company with a director who is still not having a valid DIN number.

Anyways DIN number is mandatory in your case.

Regards

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