Resignation of Director

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Resignation of a director is a formal process outlined by the Companies Act, 2013. Following the correct steps is crucial to avoid legal complications and ensure a smooth handover of responsibilities within your company. CCA is here to guide you through every stage, minimizing disruption and maximizing clarity.

Any director holding an approved Director Identification Number (DIN) in a private limited company can resign.

Features of Director Resignation:

● Compliance and Legal Certainty: Following proper procedure protects your company from potential legal challenges and penalties.

● Transparency and Accountability: Maintains a transparent corporate governance record and ensures accountability during the transition period.

● Minimised Disruption: Efficient handling of the resignation process helps minimize disruption to company operations and facilitates a smooth handover.

● Maintaining Stakeholder Confidence: Proactive and transparent communication with stakeholders fosters trust and confidence in your company’s governance.

List of Documents Required:

● Director’s PAN card
● Resignation letter
● Board resolution accepting the resignation
● Payment challan for filing fees

Detailed Step-wise Procedure:

1. Resignation Letter: The resigning director must submit a written resignation letter to the Board of Directors, specifying the effective date of resignation.

2. Board Resolution: The Board must pass a resolution at a Board Meeting accepting the resignation and detailing the transition plan.

3. Form DIR-12: File Form DIR-12 within 30 days of the resignation with the Registrar of Companies (ROC), along with required documents and fees.

4. Vacancy Filling: The company must take steps to fill the vacant director position as per the Articles of Association and relevant legal provisions.

5. Post-Resignation Formalities: The resigning director may need to complete formalities like clearing outstanding dues and transferring any assigned shares.

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Common Questions

Most Popular Questions

The director must submit a resignation letter to the company, file necessary forms with the RoC, ensure settlement of liabilities, and update company records accordingly.

Any director of a private limited company can resign from their position by following the prescribed resignation procedure and complying with relevant laws and regulations.

Reasons for resignation may include personal reasons, conflict of interest, disagreement with company policies, health issues, or pursuing other opportunities.

Documents such as resignation letter, board resolution accepting resignation, and necessary forms for filing with the RoC are required for the resignation process.

The resignation can be effective immediately or as per the notice period specified in the resignation letter or the company's Articles of Association, whichever is earlier.

Non-compliance may lead to penalties, fines, legal action, and adverse impact on the company's compliance status and reputation.

Yes, resignation is voluntary and initiated by the director, whereas removal is a decision taken by the shareholders or the board of directors to terminate the director's position.

Yes, a resigned director can be reappointed in the same company later, subject to compliance with relevant procedures and eligibility criteria.

Avenue Advisory provides expert assistance for the resignation of directors, including drafting of resignation letters, preparation of necessary documents, filing with the RoC, and compliance monitoring.

Avenue Advisory ensures a smooth transition by guiding clients through the resignation process, facilitating communication between parties, updating company records, and ensuring compliance with legal requirements.

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