What is the procedure to resign from a Limited Company?

Others 2327 views 6 replies

 

What is the procedure to resign from a Limited Company?

One of director want to resign from XYZ Co. Ltd which has been stated as on 9th of Match-09 and he has invested 2 lakhs, paid by cash only, do not have money receipt, company has not yet filed any  audit report to ROC, even business commencement certificate has not yet received.

Is there any resignation form available or he can write his resignation in a plane paper, where should he submit his resignation, to the company or ROC,

Your explanation is appreciated 

Replies (6)

Hi,

 

Simply submit the resignation letter to the company. Being an ordinary director formal acceptance from board is not required.

 

Proper proof of submission of resignation letter must be with the retiring director.

 

Filing of form-32 with ROC for resignation is the duty of company and doesn’t affect the retiring director as long as sufficient proof of dispatch/submission of resignation letter is in the custody of the retiring director.

 

Wait for other suitable opinions.

 

Regards

Dear Friends

Agree with Mr. Garg and you can not give resination to ROC just give to company and also take Receiving of it.

and about you have paid money take receipt from them.

Mr. Garg and all other friends pls tell me

the company has not received COB. It means company is not authorised to do business and Can company file the resignation of director without obtaining COB.

 

Regards

 

Sir, thank you for your valuable information, 

Can said director make/use the online form 32 for his resignation without help of a CA or CS?

or it is mandatory that a CA or CS required for the same, 

Thanks

Hi,

 

Retiring director can also file form 32 with ROC. But digital signature of director and one practicing CA or CS is mandatory.

 

Revert if there is any doubt.

 

Regards

 

Originally posted by : Nitin Grover


the company has not received COB. It means company is not authorised to do business and Can company file the resignation of director without obtaining COB.

 

Regards

 

Yes Nitin as per my understanding a director can successfully resign pending COB from ROC.

 

Regards

Resignation and COB both are different aspects.

Anybody can resign, though company has not obtained COB


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