Resignation of directorship

This query is : Resolved

THEIVASANKAR (Querist)
Follow

31 January 2011 A pvt company having 2 directors at the time of Registration stated as Permanent Directors, after that one person appointed as director through form no.32 The one of the director appointed through MOA, (Subscribers to the memorandum)who wants to relieve from the company for personal reason. He send the intimation to the company Registered office and ROC, Coimbatore, Chennai through Registered Post. He is having acknowledgment for those intimation letters. Till now there is no reply for such resignation from ROC, & Registered office. The existing Directors have not take any steps for filing form No. 32. They refuse to do that. Kindly let me know what procedures to be followed for my resignation.

udit sharma

udit sharma (Expert)
Follow

01 February 2011 In my opinion since your resignation is not subject to the approval of the Board of Directors of the Company, it will take effect immediately or from such date as mentioned in your resignation letter. Filing of Form 32 is a procedural part to be complied with by the Company. Merely because the same has not been filed by the Company with ROC, that does not mean that your resignation will not take effect until the same has been filed and approved by ROC.

You have already sent an intimation of your resignation as Director of the Company from your side and is in receipt of acknowledgement of the same, so no need to worry.

Non-Compliance is on the part of the Company and not on your part.

Your resignation will be effective from the date of your resignation letter itself provided it is not subject to the approval of the Board of Directors of the Company. So to be sure please check your terms of appointment/Articles of Association of the Company.

God Bless

CS Udit Sharma

Jayashree S Iyer

Jayashree S Iyer (Expert)
Follow

02 February 2011 Dear Udit,

Please note that the resigned director is the one who was appointed as PERMANENT DIRECTOR as per ARTICLES at the time of incorporation.

In such a case whether acceptance of his resignation will be automatic? I presume NO. Only with the consent of other directors he can be relieved.

Experts please share your views.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

SUMAN SAHA

Pritanu Chakraborty

Michael & Co.

Ashif Cheenikkal

Mukesh Singh

Subscribe Now

Resignation of directorship

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA