Home |Company Registration | If Pvt Ltd company ka ek director resign kr rha h or doosra apoint hora h to only DIR 12 enough hoga yaaa DIR 11 bhi file krna hoga?

If Pvt Ltd company ka ek director resign kr rha h or doosra apoint hora h to only DIR 12 enough hoga yaaa DIR 11 bhi file krna hoga?

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B Samrish & Co. Company Secretaries B Samrish & Co. Company Secretaries, www.bsamrishindia.com verified
Answered on December 22,2021

1. The Director intending to resign shall send notice in writing to the Company. They are to intimate the Registrar, about their resignation, by way of filing form DIR-11. However, MCA vide its notification dated 07.05.2018, have made Filling of DIR-11 optional in the hands of the Resigning director, but for disputed matters it is recommended that Directors should file DIR-11.

2. The Board to take note of the resignation. However, there is no prescribed timeline for taking note of the resignation.   The company can take note the resignation in its ensuing meeting. It is not necessary to hold a board meeting though. Per our understanding, it can be by way of Resolution by Circulation as well.

Read about Resolution by Circulation

3. The law has caste duty upon the Company to intimate the Registrar about the said resignation by way of filing form DIR-12. The following supporting documents shall be attached to the form DIR-12:

  • Notice of resignation
  • Evidence of cessation

4. The company shall file the said form within 30 days of the date of resignation along with the prescribed filing fees.

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