I am workin for a joint venture private ltd company and recently one of the directors resigned due to his retirement. He was being nominated on the Board of our Company by IndianOil (one of the shareholder of this company). Now, they are of the contention that DIR-11 is not mandatory (i guess they are doing so because the director does not have a DSC). In my view, as per the Companies Act,2013, filing of DIR11 is entirely the responsibility of the Director.
They have shot a mail to me citing a peculiar reason of not filing DIR11. They say that since the cause of resignation is "withdrawal of nomination by nominating authority", DIR11 is not to be filed, which has no relevance at all as the reason of resignation is "retirement" and moreover the reason of resignation is immaterial for filing DIR11.
Please give you views guys.
CAclubindia
