Resignation of director
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
13 February 2014
A director wants to resign from a pvt ltd, he has submitted his resignation letter to the company, however the company is not filing form 32. What should the director do resign from the company?
14 February 2014
It is the duty of company to file with the registrar a statement of changes made in the particulars of directors,managers and secretary
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Companies act 1956 or Table A doesnot contain any provision regarding resignation of director from director ship
Further filing of Form-32 is only as consequential act,it is not an Act to be compliedwith inorder to make resignation valid.
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So Resignation of director is valid notwithstanding the fact that Form 32 is not filed by the company or director
It is the duty of company to file with the registrar a statement of changes made in the particulars of directors,managers and secretary
.
.
Companies act 1956 or Table A doesnot contain any provision regarding resignation of director from director ship
Further filing of Form-32 is only as consequential act,it is not an Act to be compliedwith inorder to make resignation valid.
.
.
So Resignation of director is valid notwithstanding the fact that Form 32 is not filed by the company or director
14 February 2014
So Generally Resignation of director takes effect immediately with out consent of board of directors or share holder in following cases
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when articles does not contain any provision regarding resignation of director which restricts director to resign at his will
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if articles allow director to resign at any time then always it is valid resignation when he gives specific intimation about his resignation to company
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If Resignation of director(in his letter) it is not stated any lines say resignation valid if it is accepted by board.....resignation is valid all cases
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Note that there is no provision in companies act 1956 or Table A regarding resignation of director so we have to go as per Articles of company..if it is silent we can take benifit say resignation is valid
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Also note that incase of managing director resignation valid only if company accets resignation and relieves him from responsibilities..
Re.Achutha Pai Vs ROC(1966)36 Comp Cas 598.
.
.
when articles does not contain any provision regarding resignation of director which restricts director to resign at his will
.
.
if articles allow director to resign at any time then always it is valid resignation when he gives specific intimation about his resignation to company
.
.
If Resignation of director(in his letter) it is not stated any lines say resignation valid if it is accepted by board.....resignation is valid all cases
.
.
.
.
Note that there is no provision in companies act 1956 or Table A regarding resignation of director so we have to go as per Articles of company..if it is silent we can take benifit say resignation is valid
.
.
.
.
****************
Also note that incase of managing director resignation valid only if company accets resignation and relieves him from responsibilities..
Re.Achutha Pai Vs ROC(1966)36 Comp Cas 598.
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