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Resignation of director

Querist : Anonymous (Querist) 25 November 2011 This query is : Resolved 
The director resigned from the company by tendering his resignation in writing addressed to board of directors. The board of directors did not file the Form No. 32 with the registrar of companies (ROC)intimating the ROC regarding the resignation tendered by the director. How the company or the board of directors can be compelled to file the requisite Form No. 32 with the ROC? Can it be done through by filing a suit for mandatory injunction against the company?
Shailesh Kr. Shah (Expert) 25 November 2011
When director tender his resign and same is accepted by the board, No need to worry in part of resigned director.

You can also same inform to the ROC in writing, however there is no such provision in law to intimation.

there is no need to go the civil court. you can complain to the roc regarding this. The roc would take action.
Rajeev Kumar (Expert) 25 November 2011
Agree with shah
Advocate. Arunagiri (Expert) 26 November 2011
As per the companies Act, you have to intimate the ROC, on the change in Board of Directors, within 30 days.
Raj Kumar Makkad (Expert) 26 November 2011
I completely agree with giri.
Shailesh Kr. Shah (Expert) 26 November 2011
there is no such provision regarding intimation by the director to the roc. Only company have to file form 32.
Advocate. Arunagiri (Expert) 26 November 2011
Mr.Shah,

You may kindly see S.303(2). It is compulsory for the company to file the resignation of the company director.

Form 32 is not only for intimating the new appointment, it is also used for resignation also.
Advocate. Arunagiri (Expert) 26 November 2011
Dushyant D Anjaria V. Wall Street Finance Ltd., (2001) Comp. Cas. 655 (Bom)

The court held that the resignation of a Director would be effective from the date it was submitted, for the reason that the letter brings out clearly the intention of the person to resign. So far as the formalities like filing up Form 32 and sending it to the Registrar of Companies were concerned, it was for the company to comply with them in conformity with the provisions of Sec. 302 or Sec. 303 of the Companies Act.

Where there was delay or negligence on the part of the company in intimating the Registrar about the date of resignation, the Director who had resigned could not be saddled with responsibility and liability for such delay.
Shailesh Kr. Shah (Expert) 26 November 2011
Shri Arunagiri

Respected Sir,

With due respect, please refer to your first reply when you wrote "you have to intimate the ROC".

Against which i have replied that "no such provision regarding intimation by the director". and also said that Only company have to file form 32.


which is confirmed later by you section 303(2).

Thanks
with Regards,

Devajyoti Barman (Expert) 26 November 2011
Yes I agree,
Advocate. Arunagiri (Expert) 26 November 2011
Mr.Shah,
I love your style of presenting the issues, please dont come to Chennai, I may have to loose my cases if you appear on the other side.
Guest (Expert) 26 November 2011
I appreciate Mr Arunagiri taking the matter in lighter vein to make the moment really cheerful.
Shailesh Kr. Shah (Expert) 26 November 2011
Shri Arunagiri,

Respected Sir,

I am only learner.

Please allow your junior to come chennai for only meet to my relatives at Chennai.


Thanks
With Regards,
Advocate. Arunagiri (Expert) 26 November 2011
You are most welcome to Chennai to meet your Big Brother V.Arunagiri.
Shailesh Kr. Shah (Expert) 26 November 2011
Sure Sir! I shall meet you.
As per Planning, I have to visit at May,2012.


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