About e-Form Dir-11 And Dir-12 For Cs Executive Company Law

Learn All about e-Form DIR-11 and DIR-12 for CS Executive Company Law

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About e-Form DIR-11

Enter the date of appointment or resignation 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-{Section attachment of Type DIR-11, demands proof of dispatch. Now the question is, is there any formal shipment requirement via the post that generates proof of dispatch? "NO" is my response. In the case of personal delivery, we can very well use the scan copy of "Receiving" of the resignation letter issued by a responsible company official. An additional scan copy of the E-mail printout from which the tendered resignation will be appropriate as evidence of dispatch}.

Acknowledgement obtained from the firm, if any, and is mandatory if an option at serial no 6 has been selected. {Point No. 6 in Form DIR-11 asks if the Director's resignation is accepted by the company w.r.t. As far as I am aware, if we mention "NO" in the E-form, there would be no problem in the future as confirmation of the company's resignation is not necessary u/s 168.

If a director files e-Form DIR-11 for notice of his resignation before the company files e-Form DIR-12, an e-mail will be sent to the company to file e-Form DIR-12 and the company's director's status will be changed to 'Resigned' against the chosen classification. Once the related e-Form DIR-12 has been submitted by the organization, the status will be updated according to the current framework.

To take notice of resignation or letter of approval of resignation by the Company as proof of cessation, we may use Board Resolution. A further letter of resignation from the Director shall be deemed to constitute a Notice of Resignation lodged with the Company. I genuinely believe that it will be of some use to understand the above article.

Read More About e-Form Dir-11 And Dir-12 Here. 

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