Mukund, Director of PLK Ltd. desires to resign as Director of the company. Advise Mukund on the provisions of the Companies Act, 2013 for resignation of a Director and actions to be taken by the Director and the company.
CS Professional · Advanced Company Law and Practice · PYQS · December 2019
Mukund, Director of PLK Ltd. desires to resign as Director of the company. Advise Mukund on the provisions of the Companies Act, 2013 for resignation of a Director and actions to be taken by the Director and the company.
Answer & Explanation:
Section 168 of the Companies Act, 2013 read with Rule 15 and Rule 16 of the Companies (Appointment and Qualification of Directors) Rules, 2014 provides that: The director may resign from his office by giving notice in writing to the company. The Board of Directors of the company shall on receipt of the notice of resignation from the director take note of the same. The resignation shall be effective from the date on which the notice is received by the company or the date specified by the director in the notice whichever is later. The Board shall place the fact of resignation by the director in the Directors' Report laid immediately following annual general meeting of the company. The director who has resigned shall be liable even after his resignation for the offenses which occurred during his tenure. Rule 15 of the Companies (Appointment and Qualification of Directors) Rules, 2014 provides that the company shall within 30 days of from the date of receipt of the notice of resignation from a director intimate the Registrar in Form No. DIR 12 and post the information on its website, if any. Rule 16 of the Companies (Appointment and Qualification of Directors) Rules, 2014 that where a director resigns from his office, he may within a period of 30 days the date of his resignation, forward to the Registrar a copy of his resignation along with reasons of the resignation in Form No. DIR 11, along-with the fees as prescribed. Mr. Mukund will resign from his office by giving notice with reasons of resignation in writing to the company and may file within 30 days of his resignation, Form No. DIR 11 with Registrar. Also, the Board of the PLK Ltd. shall file Form No. DIR 12 within 30 days of the date of receipt of notice of resignation from Mr. Mukund.
Topics: Directors
Related Questions in this Topic
- Write short notes on the following: Directors and officers liability insurance policy.
- Write any four grounds for the rejection of application for DIN.
- Due to internal problems in the working of M/s Infighting Detergents Ltd., Mr. Satyam and Mr. Shivam, a Director, have s...
- Surtaal Ltd., has three directors on the Board. Two Directors resigned and in their place, two persons were named for ap...
- Ratanlal, a member of Rajratna Ltd. has given notice to the company for inspection of the contract of service with Manoh...