Resignation of director

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This query is : Resolved

CS Premjith (Querist)

31 March 2012 A Public Limited Company has 3 directors Mr. A, Mr. B and Mr. C.

Mr. A wants to resign from the company and has submitted his resignation.

The company has not filed form 32 considering the minimum number of directors of public company. They keep on lagging in the excuse that they are in the search of a new director to maintain the statutory minimum.

Can Mr. A direct his resignation (fresh one) through ROC? What option is available with Mr. A to get rid of his directorship?

NB: The company is loosely managed and organised.

CS Premjith

CS Premjith (Querist)

31 March 2012
I refered MCA General Circular No. 1/2012 where the director may register the complaint in "INVESTOR COMPLAINT FORM" in the website.

Hope that i may rely on that now.

Ajay Mishra

Ajay Mishra (Expert)

31 March 2012 Hi

I think it is not a matter of this circular.You can take the benefit of Article 75 of Table A of Schedule I of the Companies Act, 1956 to appoint another director to complete the quorum or call general meeting and not for other purpose.

Regards

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