My name still in board of directors after resignation

MCA 2303 views 5 replies

N K S

Others

90 Points Joined November 2013

Hi, I was a director in a company wherein i resigned from the Board of Directors more than 5 years ago. The company didnt file Form 32, nor filed the annual returns thereafter as the other directors moved to USA. Now, my digital signature has been marked as "a director in a defaulting company". Repeated mails to the other directors are not getting any response.

I have been marked as "a director in a defaulting company" and I cannot sign my other company documents.

I approached the RoC of my area with all the documentary evidence but he refused to do anything (i.e. strike out my name from the board of directors). I also couriered as well as mailed to the RoC headquarters but received no response.

What other options do I have ? Where else can I escalate this ? How can I get my name struck off from the defaulting company ?

Replies (5)

RoHaN k

CA & CS

308 Points Joined May 2009

NKS,

In companies act 1956 ,Even if resignation is given and accepted by company , duty to file form-32 was on company only, for directors acceptance of resignation letter was enough.It was sufficient to prove your resignation by showing your resignation letter and its acceptance by counter signatures by directors or confirmation letter from company.

In companies Act 2013 ,Resigning director should file DIR-11 and company should intimate ROC in DIR-12.Copy of resignation letter need to attach with the form and Board resolution copy in which such resignation is accepted is to be attach as evidence of cessation.

so you may file DIR-11 now with attachemnets 1] Resignation letter or notice and 2] Board Resolution or proof of despatch.

Non filing e-form 32 / Dir- 12 is default of company.

N K S

Others

90 Points Joined November 2013

Thanks, Rohan. I was under the same impression, but now that my name is not getting cleared, i am stuck and cannot use my digital signature for other companies. What other appellate options do I have ? Since this is largely dependent on one man's discretion (RoC), I need to find a way to go beyond this hurdle and get my name cleared. It would be great to have an idea of whom can I approach in this regard.

RoHaN k

CA & CS

308 Points Joined May 2009

As per my knowledge

After filing DIR-11 , your name may get cleared from MCA.

As you say, DSC column is marked as director in defaulting company, then it is a matter to be discuss around the table with professionals, you need to provide all information of company.The director in defaulting company may be disqualified for acting and becoming director in another companies, Though you have resigned from defaulting company , you are still be disqualified.Thats why ROC might have restricted your DSC.

Now you may want to get into trial and error on few things 1]File DIR-11 first and then try checking your status on MCA.2] Try to register another DSC , but it has to be register online before its use , it may not get active on MCA because of your defaulting status, but you may use it somewhere else. 3] Try filing greivances form at MCA, and write your problem.

There is no further action unless ratified by ROC.Meanwhile I will intimate you as soon as I get any concrete solution on your query.