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Dir-11

CA SWATI AGARWAL (WORKING IN A FIRM) (108 Points)

03 August 2014

For resignation of a director, company needs to file DIR-12 and Director is required to file DIR-11 within 30 days.

my query is what will be the consequences if the director is not able to file DIR-11 within 30 days but the company has filed DIR-12

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5 Replies

PlayStore (Article) (88 Points)
Replied 03 August 2014

Duty of Resigning Director in case of Resignation A director shall also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation through filing of Form DIR. 11. As per Rule 16 of Companies ( Appointment and Qualification of Directors) Rules , 2014 , where a director resigns from his office, he shall within a period of thirty days from the date of resignation , forward to the Registrar a copy of his resignation along with reasons for the resignation in Form DIR-11 along with the fee as provided in the Companies ( Registration Offices and Fees) Rules, 2014.

PlayStore (Article) (88 Points)
Replied 03 August 2014

If you file form DIR11 without filing DIR12. what happens is the director name goes from the MCA authorized signatory. but it will still appear in the director list of companies in which he is a director. only when you file DR12. then his name will be removed. it is important for the company to file DR12. it is upto the director to file DR11 with in the specified period.

PlayStore (Article) (88 Points)
Replied 03 August 2014

Companies Act & Rules directed filing of both the forms, however , no penalty prescribed anywhere for non- filing of these forms DIR- 12 is mandatory for the purpose to update MCA records and as per my knowledge , DIR- 11 becomes usefool tool in case of dispute of directors and /or unability of the Company to file DIR- 12