Home |Company Registration | I am a director of a company and wish to resign but unable to file DIR-11 as my DIN has been deactivated. I have not filed my DIR 3 KYC. How can I resign? What are my options?

I am a director of a company and wish to resign but unable to file DIR-11 as my DIN has been deactivated. I have not filed my DIR 3 KYC. How can I resign? What are my options?

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B Samrish & Co. Company Secretaries B Samrish & Co. Company Secretaries, www.bsamrishindia.com verified
Answered on April 01,2022

Please be apprised that pursuant to Rule 12A of the Companies (Appointment and Qualifications of Directors) Rules, 2014, every individual who holds a DIN as on 31st March of a financial year, is mandatorily required to file DIR-3 KYC on or before 30th September of immediate next financial year. The filing of Form DIR-3 KYC is Director-specific annual compliance, therefore it needs to be filed by every individual who is having DIN irrespective of his/her association with any of the companies as a Director. In case of filing of Form DIR-3 KYC after the due date, an individual shall have to pay the applicable additional fees of INR 5000/-.

Further, under the provision of Section 168 (1) of the Companies Act, 2013 read with Rule 15 of the Companies (Appointment and Qualification of Directors) Rules 2014, where a director resigns from his office, he may within a period of thirty days from the date of resignation, forward to the Registrar a copy of his resignation along with reasons for the resignation in e-Form DIR-11 along with the fee. It is pertinent to note that one should hold a valid DIN with "Approved" status to file any form with the Ministry.

Thus, in your case, you can intimate the Ministry about your resignation from the Company via the filing of Form DIR-11 after activating your DIN.

To know more, please visit Director’s Resignation under Companies Act, 2013.

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