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Din

Yogesh (Executive) (105 Points)

30 April 2016  

Mr. A was working in ABC Pvt. Ltd. as an employee. His employer somehow managed to create his DIN and enrolled him as a director in DEF Pvt. Ltd. He was holding some shares of DEF Pvt. Ltd. in the financial year 11-12 but in financial year 12-13 he was no more holding it.

To his surprise he is still the director of DEF Pvt. Ltd. What precautionary measure should Mr. A take? He is no longer working for ABC Pvt. Ltd.


 2 Replies

CS Sanchita Bhardwaj (Company Secretary) (111 Points)
Replied 30 April 2016

He should drop a resignation letter to DEF Pvt. Ltd mentioning that his appointment was made without his consent & that he never gave a consent for his appointment. Also, he may forward his resignation to Registrar in form DIR-11 and attach the resignation letter sent to DEF Pvt. Ltd.

CS Arjun Rajagopal (B.com, ACS) (1051 Points)
Replied 30 April 2016

Originally posted by : CS Sanchita Bhardwaj
He should drop a resignation letter to DEF Pvt. Ltd mentioning that his appointment was made without his consent & that he never gave a consent for his appointment. Also, he may forward his resignation to Registrar in form DIR-11 and attach the resignation letter sent to DEF Pvt. Ltd.

Agree with the learned member. Forward the resignation letter immediately to company and file DIR-11 to ROC and avoid any future litigations.


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