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Resignation of Director

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Resignation of Director

The Companies Act of 2013's Section 168 provides a comprehensive explanation of the resignation of directors, which was missing from the original Act of 1956. Court orders followed the same concept prior to the Companies Act of 2013, when the Early Act of 1956 was in effect, but the new provision is clear-cut.
A director may resign from their position by giving the company a written notice of their intent to do so, and the Board shall take such notice into consideration.
A director's resignation is effective as of the later of the date the company receives the notice or the date, if any, stated by the director in the notice.

Effective date of Resignation

The latest of these two dates will be the resignation's effective date:
> The date on which the notice is received by the company
> The date specified by the director in the notice.

Procedure:

> Following receipt of the resignation letter, the firm must call a board meeting or issue a board resolution to discuss the resignation letter submitted by the director and to allow the CS, CFO, or any other director of the company permission to submit the necessary paperwork to the ROC.
> If the company is publicly traded, the disclosure of the resignation must be sent to the stock market within 24 hours of the board meeting date and posted on the company website within two working days.
> In the event that an independent director of a listed business resigns, disclose the reasons in detail and obtain a statement from the independent director confirming that there are no additional, relevant grounds for the resignation. within seven working days of the resignation, to the stock exchange.
> Within 30 days of receiving the resignation notice in Form DIR-12, submit an intimation to the ROC. (The notice of resignation, proof of cessation, and a copy of the board resolution will be attached to the Form DIR-12.)
> Make the appropriate entries in the register of directors and key managerial staff in accordance with section 170 of the Companies Act, 2013, as well as Rule 17 of the Companies (Appointment and Qualification of Directors) Rules, 2014.

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