Resignation of a company secretary

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17 Points Posted on 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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On 17 April 2021 at 09:22 Report
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A company secretary has resigned, and their resignation has been accepted by the board. However, the company has failed to file the resignation with the MCA using form DIR-12 for over two months. This discussion explores the remedies available to the former company secretary and the penalties the company faces for this delay. It also touches upon the possibility of backdating the filing to avoid penalties, though this is generally not a viable solution once the due date has passed.

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Chartered Accountant
24588 Points Posted on 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
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On 17 April 2021 at 11:35
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17 Points Posted on 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?
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On 17 April 2021 at 11:43
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Chartered Accountant
24588 Points Posted on 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
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On 17 April 2021 at 11:48
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17 Points Posted on 17 April 2021
Ok thank you
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On 17 April 2021 at 11:49
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Chartered Accountant
24588 Points Posted on 18 April 2021
Your welcome
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On 18 April 2021 at 06:30
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CS
3 Points Posted on 24 September 2021

Hi professional collegues

 

Can a Company secretary file DIR 12  in new organisation, even wen this is not filed for resignation.

 

Regards

Meenakshi

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On 24 September 2021 at 15:46

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