Dir-12 & dir-11 filing related quarries

1) Act/Rules do not prescribe as to which form needs to be filed first.  Hence any form can be filed first.

2) Acknowledged copy of resignation letter can be attached as proof of despatch.

3) Board resolution can be attached as evidence of cessation.

Hi,

though the ACt/rules does not precribe which form is to be filed it, it is advisable that you file both forms simultaneously since it has been noticed that many errors occur while filing one or the other forms if their is time gap between the two...

As to the other two points, I concur with Agrawal Sirs view....

But is it mandatory for Director  to file DIR 11.

As there is no penalty prescribed, if he does not.

Filing both form DIR-11 and DIR-12 are mandatory failing which second proviso to subsection 1 of section 403 will attract for penalties.

I am aware of penalty for DIR 12. But could U please help me locate section w.r.t DIR 11. As per my understanding nowhere penalty has been prescribed for Director not filling DIR 11. 

Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014 directs to file copy of Resignation with ROC in DIR-11

Section 403(2) prescribes penalties for non-filing of relevant form under relevant section.

Resignation of Director is as per section 168 of the Companies Act, 2013 and no penalty is provided in that section.

so as far as i know, there seems no penalty for non-filing of DIR-11 as well as DIR-12 for Resignation of Director

Acknowledgemnt will be the same copy with counter-signed and received along-with date of receipt.

Why are we making two times payment of challan through DIR-11 & DIR-12 for one singal event in the name of Resignation of Director ???

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

@ Vandana.....in your case notice of resignation filed with the company can be the resignation latter with co stamp and date/sign....proof of dispatch can simply the resignation letter submitted by the director......

What would be the consequence in case the DIR-12 is not filed by the Company. Will the director be held responsible for the actions subsequent to his DIR-11 resignation?

what is proof of dispatch?

for the resignation of director, Director has filled form DIR 11 for resignation but company has not filled form DIR12. how much penalty will be charged on comapny?? Is company defaulter??