Resignation of director

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Querist : Anonymous

Querist : Anonymous (Querist)

30 April 2013 can anyone tell me the procedure of resignation of director and which form is to be filed with ROC

Ajay Mishra

Ajay Mishra (Expert)
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30 April 2013 Hi

Resignation of Director

There are following procedure for filling of document with regard to resignation of director:

1. Check DIN-3 of such director are already filed with ROC, if he is appointed before July 01, 2007.
2. Download Form-32 from www.mca.gov.in
3. Fill up the form -32 and attached copy of resignation of director, if any
4. Upload Form-32 with www.mca.gov.in
5. Make payment of Challan
6. You must check whether form is approved by ROC

Ajay Mishra

Ajay Mishra (Expert)
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30 April 2013
Intimation to the Registrar

I. The Companies Act under section 302(2) casts a legal obligation on the company to inform the registrar of the companies by filling form no.32 giving particulars of changes, if any, in the office of director. If such a form is filed with the registrar of companies it is a proof of a director ceasing to be a director but, it is not an act to be complied with in order to make resignation valid.

II. The board of directors to whom the act of relinquishment is communicated is not required to take any action by way of accepting resignation and, therefore the relinquishment takes effect from the date of such communication where the resignation is intended to operate in praesenti.

III. In order to make the resignation effective, it is not necessary that the board should accept it.

IV. It is clear that the filling in of the form no .32 and the giving of the due intimation and information to the registrar of companies is the duty of the company secretary or director and not of the individual director resigning from the office.

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