Learn All about e-Form DIR-11 and DIR-12 for CS Executive Company Law
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All about e-Form DIR-11
Enter the date of appointment or resigning of the director in the company.
In case of an alternate director, enter the DIN of the director to whom the appointee is alternate and click Pre-fill button. The system will automatically display the name of the director to whom the appointee is an alternate.
Enter the date of filing of resignation with the company and also effective date of resignation specified in the notice.
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. And the same effective date is required to be mentioned above.
The effective date of resignation shall be same as the date of cessation entered in e-Form DIR-12 if already filed by the company.
It is mandatory to specify the reasons for resignation from the company.
Attachments: The following attachments are mandatory
Notice of resignation filed with the company.
Proof of dispatch-{Attachment section of form DIR-11, asks for proof of dispatch. Now the question is — is there any requirement of formal dispatch through the post which generates proof of dispatch? My Answer is “NO”. We can very well use scan copy of “Receiving” of resignation letter given by a responsible official of the company in case of personal delivery. Further scan copy of the printout of E-mail through which resignation tendered would be enough as proof of dispatch}.
Acknowledgement received from the company, if any and is mandatory if yes selected an option at serial no 6. {Point no. 6 in form DIR-11 inquires whether confirmation is received from the company w.r.t. the resignation of Director. As per my understanding, if we mention “NO” in the E-form, there will be no issue in future as confirmation of resignation from the company is not mandatory u/s 168.
When a director files e-Form DIR-11 for intimating about his resignation before the company files e-Form DIR-12, an email will be sent to the company for filing the e-Form DIR-12 and the status of the Director in the company will be changed to ‘Resigned’ against the selected designation. Once the company files the relevant e-Form DIR-12, the status shall be changed as per the existing system.
We can use Board Resolution for taking note of resignation or Resignation acceptance Letter by the Company as Evidence of Cessation. Further Resignation Letter given by the Director shall act as Notice of Resignation filed with the Company. I sincerely believe that above article would be of some help for understanding.
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