A director resigns by giving notice in writing to the company. He forwards a copy of resignation in Form DIR-11 to the Registrar of Companies (ROC) within the prescribed time. What would be the status of the director if

CS Professional · Advanced Company Law and Practice · PYQS · December 2015
A director resigns by giving notice in writing to the company. He forwards a copy of resignation in Form DIR-11 to the Registrar of Companies (ROC) within the prescribed time. What would be the status of the director if the company fails to intimate about the resignation of the director to the ROC?

Answer & Explanation:

As per Section 168 read with Rule 15 and Rule 16 of Companies (Appointment and Qualification of Directors) Rule, 2014, a director may resign from his office by giving a notice in writing to the company and shall also forward a copy of his resignation along with detailed reasons for the resignation in Form DIR 11 to the Registrar within thirty days of resignation. The company shall within 30 days from the date of receipt of notice of resignation from the director, intimate the Registrar of Companies in Form DIR-12 and post the information on its website, if any. As per Section 168(2), the resignation shall take effect from the date on which the notice is received by the company or on the date, if any, specified in the notice, whichever is later. In case the company fails to intimate about the resignation of the director to ROC, even then as he has intimated in DIR-11 to the Registrar, the resignation shall take effect from the date on which the notice is received by the company or on the date, if any, specified in the notice, whichever is later.

Topics: Directors

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