Resignation of director
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Sohil /
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03-Sep-2022 05:12 AM /
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Dear members,
Where a director has resigned from the company, which date will be considered effective for his resignation,
1. The date which he specifies in the letter of resignation
2. The date on which the letter was received by the company or
3. The date on which the DIR-12 is filed by the company
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Hi Sohil!
Section 168 (2) of the Companies Act, 2013 clearly specifies that:
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.
The date on which Form DIR-12 is filed is not considered as the effective date of resignation of director because of the reason that filing of Form DIR-12 is just an intimation to ROC about the resignation. The date taken in the Form is the date on which the resignation of director becomes effective and not the filing date, which is calculated following the above provision.
Hope it is clear!
Thank You!