Resignation of a Director in India at Rs.1,999 only
The directors of a company are its eyes, ears, brain and nerves upon whose efficient functioning depend the success of the company. However due to personal or unavoidable reasons, a director may resign from his position. The provision related to Resignation of Director have been provided in Section 169 of Companies Act read with Rule 15 and 16 of Companies (Appointment and Qualification of Director) Rules,2014.
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Resignation of Director from Directorship of Company
✿ A director may resign from his office by giving a notice in writing to the Company and the Board who shall on receipt of such notice take note of the same .
✔ The company shall intimate the Registrar in such manner, within such 30 days of receipt and in form DIR-12 along with the reason of such resignation.
✔ The Resigning director shall also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar in the Form DIR-11 within thirty days of resignation in such manner as may be prescribed.
✿ The resignation of a director shall take effect from the date on which the
✔ Notice is received by the company OR
✔ 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.
Requirement of a Company to have Board of Directors in India
At any time after the resignation of director from the company ,the limit of board of director are not less than the minimum limit as prescribed below :-
✿ Private Limited company – Minimum Two Directors
✿ Public Limited Company – Minimum Three Directors
✿ One person Company – Minimum One Director
✿ Every Company should have at least one director as Resident Director (i.e. a person who has lived at least 182 days in India during the financial year)
In case of resignation of any minimum Director ,You need to appoint a director before filing the resignation to Registrar. (https://www.bizbyease.com/appointment-of-director-in-company-in-india/)
Process of Resignation of Director in India
A notice has to be served by the resigning director to the company mentioning about the resignation and the Resigning director is need to file Form DIR- 11 within a period of thirty days from the date of resignation .
Along with:-
☘ Reason of Resignation
☘ Notice to the company about the resignation.
☘ Proof of Dispatch – Intimation received from the company, regarding the acceptance of resignation.
☘ Requirement of resigning director to have Digital signature for filing form.
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.
☘ Board meeting – 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 and resolution is to be passed.
☘ Proof of Dispatch – After taking note of the notice of resignation, the company will provide the proof of dispatch on company letter head to the resigning director that company is accepting the resignation with effect from date mentioned.
☘ Intimation -Company to intimate the Registrar about the said resignation by way of filing form DIR-12 (https://www.mca.gov.in/MinistryV2/companyformsdownload.html).
The following supporting documents shall be attached to the form DIR-12:
- Resignation letter shall act as notice of Resignation
- Proof of Dispatch
- Board resolution
☘ Filing – The company shall file the said form within 30 days of the date of resignation along with the prescribed filing fees and the status shall be changed.
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