Resignation of a director

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m b dutt

director

25 Points Joined April 2014

We three persons incorporated a company in March 2013 through Registrar of Companies, GoI, Delhi. All three of us became Directors with definite Registration numbers (DIN). But the company could never do any business. That is, there has been no income in the company. So, I put my paper of resignation from the company which was received by one of the Directors but no action was taken on it since four months. Now they put before me a list of expenditure amounting to almost Rs. twenty thousand. The list includes,

1. Service tax-Rs.1500/-

2. Income Tax Return of the company- Rs.2500/-

3. ROC filing of the company-Rs.2500/-

4. ROC fees for Annual filing of the Company is Rs.600/-

5. DSC Rs.2000/-

6. Audit of the Company Rs.5000/-

In the application for formation of the company my digital signature was used. My question is how I will be able to get rid of this problem? I do not want to be associated with the company and that is why I put my resignation which is not being accepted. What is the remedy for me now?

Replies (2)

CA Saroj Kumar

Keen to learn something new every moment

2588 Points Joined June 2010

as per provision of company act which is applicable on public company....where no specific approval required to resign from company. once yu submitted yur resignation it shall take effect from that date. however as in case of private company resignation is done according to article of association. so make sure that the provision contained in AOA have been fulfilled. as far as concerned of liab. for expenses these are the liab. of company not directors. however if company is unable to pay in that case officer may called for pay off of liab.

m b dutt

director

25 Points Joined April 2014

the company CA says my resignation letter has to be accepted and forwarded to him so that he can submit it to ROC to get my name cancelled. our articles of association says: "subject to the provisions of the companies act, 1956, the following (all three of us who formed the pvt ltd. company) shall be the first directors of the company who shall be non-rotational directors till they voluntarily resign". there was no general body meeting so far after the formation of the company exactly one year ago. My problem is the other two directors are not accepting my resignation and i am in a fix as to what to do in the current situation. please advice.