Resigned director of pvt. ltd.

Others 482 views 2 replies

Patel

Director

28 Points Joined June 2011

Hello,

I am Mr. Patel, owner of Private Limited firm in Ahmedabad, Gujarat.

We are four director in this company. We incorporate in year of 2008.

Out of us one director has resigned by email and not handover any work which was done by him. Just run away without any work handover by very next day after resign.

After several days we came to know that he is working with an organization who are involved same as our companies business.

We are wondering that he may be disclosed our companies business secret, operation details etc.

Please give me a suggestion, can we take a legal action for him or company where he is joined. If yes then what type of action should be taken against a board of Director ?

Waiting for your reply ASAP.

Mr.Patel

Replies (2)

Devendra

Chartered Accountant

4780 Points Joined March 2009

There are no special provisions regarding the Resignation of the Director in the Companies Act, 1956. Therefore Director can resign by just giving a resignation to the company. THE AOA can be examined or the terms of appointment of the Director can be checked. Further Form 32 is also to be filed with ROC to remove the said director from the BOD.

So there is no provsion regarding any legal action that can be taken by the BOD against the retiring director. But as per my opinion, such director who has resigned without giving a resignation letter cannot be said to have resigned unless he has given his resignation letter to the Board.

Regards,

Devendra Kulkarni