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Resignation of a company secretary

17 April 2021

A was appointed as a CS in a company, where s/he has served her/his resignation and the same has been accepted by the board. Its been more than 2 months since the acceptance of resignation, but the company is not filing the resignation with MCA in form DIR-12. What are the remedies available to the CS?

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6 Replies

CA. Sourav Sarkar (Chartered Accountant ) (24578 Points)
Replied 17 April 2021

Company has mandatory to file DIR 12 for resignation of CS if not filed then penalty will be imposed on company at the rate of 6 times of normal fees

Dipika Singhal (17 Points)
Replied 17 April 2021

But in order to avoid the penalty the company can show the date of resignation as current date..can the CS take any measures?

CA. Sourav Sarkar (Chartered Accountant ) (24578 Points)
Replied 17 April 2021

No, Company cannot get relived from penalty as CS gives his resignation 2 months ago and company didn't file dir 12 on due time so, penalty will be imposed