Advertise With Us

    Consequences of Non-Filing of DIR-12 for Resignation

    Posted By : ARUN GANDHI / Published on : 28-Jul-2022 05:27 AM / View : 1474 / Comment : 2

    Print button
    Dear Members,

    The director of a company has already filed Form DIR – 11 post his
    resignation. What shall be the consequences facing the company if
    Form DIR - 12 is not filed within the stipulated time?
    Read more on : resignation filing consequences

    • Hello Arun,

      director may resign from his office by giving a notice in writing to the company and the company shall intimate the Registrar within 30 days from the receipt of notice of resignation in form DIR-12.

      Provided that a director may also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in form INC-11

      As per Section 450 of Companies Act 2013 ,If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person.

      Thank You.

      02-08-2022 / 05:14:22 AM
    • Hi Ruchi

      In addition to what you've interpreted

      Filing of Form DIR-11 and Form DIR-12 are separate responsibilities. While
      filing Form DIR-12 is the responsibility of the company, the onus of filing
      Form DIR-11 rests with the director of the company.

      As per rule 15 of the Companies (Appointment and Qualification of
      Directors) Rules, 2014, the Company shall within 30 days from the date
      of receipt of notice of resignation from a director, intimate such
      resignation to the Registrar in Form DIR-12. Further, Form DIR-12 can be
      filed with ROC until 300 days with additional fees as prescribed. However,
      after 300 days if the company wishes to file Form DIR-12 with the ROC
      then it shall have to first get the delay condoned by filing Form CG-1
      with the MCA.

      02-08-2022 / 05:25:36 AM
    Please Select File:

Other Queries from ARUN GANDHI
Like us on Facebook
Follow Us on Twitter

We are always here to help you. Don’t hesitate to contact us anytime!

+91-9988424211 or