Discussion regarding form dir-11 under ca 2013

Co Act 2013 4591 views 3 replies

Ankur Garg

Company Secretary and Compliance Officer

114788 Points Joined January 2009

2 Questions w.r.t. Form DIR-11 which is to be filed by the director who has resigned from his post.

Point no. 6 inquires whether confirmation is received from the company. As per my understanding if we mention “NO” in the E-form, there will be no issue in future as confirmation of resignation from company is not mandatory u/s 168.

Further attachment section of form DIR-11 asks for proof of dispatch. Is there any requirement of formal dispatch through post which generates proof of dispatch?

Can we use scan copy of “receiving” of resignation letter given by responsible official of the company in case of personal delivery. Further scan copy of printout of resignation E-mail would be enough as proof of dispatch?

Kindly share your opinion.

Replies (3)

P C Agrawal

Registered independent director Past Ch

8229 Points Joined March 2007

Yes Ankurji, I agree with you on both the points.

Thanks

praveen

Chartered Accountant

6971 Points Joined September 2007

Even I agree with both the points.

Section 168 doesnot require acceptance of resignation of the director by the company

Secondly electronic mode of despatch should be fine.

Amit Jindal

student

48 Points Joined December 2008

Ankur Ji, i want to share my point on proof of dispatch. i think if we mail the document by registered post, then the receipt of the same from post office will serve as proof of dispatch, also its better to attach acknowledgement card with the registered post, so that the signature of receiving officer on the same will serve as confirmation from the company. in case we personally hand over the resignation letter to the company, then we should take receipt of the same (signature & seal of the company)on duplicate copy of the letter and this letter will serve as both confirmation and proof of dispatch. but as per my opinion in the light of CA,13, a resignation letter should always be sent by registered post only.