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Resignation of directorship

muralinimmala45 (Articles assistant) (25 Points)

15 June 2017

Company received the notice of resignation but company didn't filed the DIR-12 with ROC, but Resigning director filed the DIR-11 then in that situation whether resignation of Director is valid , If yes please do let me know relevant provisions of companies act, 2013.

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2 Replies

Sunita Bisht (Article Trainee) (91 Points)
Replied 15 June 2017

As per Section 168(2) of the companies act, 2013

The resignation of a director shall take effect from the date on which

- the notice is received by the company

- the date, if any, specified by the director in the notice,

whichever is later:

Provided that the director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure.

So, the resignation of director is vaild and effective on date of receipt of notice by him. Company can fiile the Form DIR 12 with additional fees.

Mr. Vivarth Dosar (Partner at SV Dosar & Associates Compan) (163 Points)
Replied 17 June 2017

Yes. With the above clarification given, the resignation of a director is valid and it is a non complainces on the part of the Company for not filing of form DIR-12 with ROC as required to be filed by the Company itself and will be held liable for the said non complinces and penelise provisions shall be applicable on the Company as provided under the Companies Act, 2013 and Rules made thereunder.