Directors Resignation under Companies Act, 2013
April 12, 2014 by CS Samrish Bhanja
1. The Director intending to resign shall send notice in writing to the Company 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.
2. The director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure.
3. The law has caste duty upon the Director resigning, to file form DIR 11 (Company shall file form DIR 12) and
- mention therein the reason for resigning
- enclose the copy of Notice sent to the Company
- enclose proof of dispatch
- file the said form within 30 days of resignation along with the prescribed filing fees
There is warning note at the end of the form which states as follows:
Note: Attention is also drawn to provisions of Section 448 and 449 which provide for punishment for false statement and punishment for false evidence respectively.
These sections 448 and 449 relates to punishment for committing fraud or giving false evidence and these are non-compoundable offences. Quite surprisingly, this note is not there in form DIR 12, which a Company is to file with the RoC in case of appointment / resignation of a Director. I fail to understand why such a note has been provided under this form.