Dir 11 filed but name not removed in MCA

[Sriram K]

Dear Friends,

I have filed DIR-11 for one  director along with the acklw and total no. of directors in the company is 2 only .

The form is also approved by MCA. But the company is not willing to file the form DIR-12 from their end.

The name is not yet removed from the mca website. And what should I do to remove the name in the website

Reg

K Sriram

[Ramaswami Mohan]

unless you file DIR-12 the name will be reflected in MCA site. now the co will have to appoint a 3rd  directer immediately to maintain the board strength at minimum 2 individuals. only thereafter u can file DIR-12.   till such time the resigned Director's name will appear, and he may not be liable for the collective acts of the Board as he has filed DIR-11.

regards,

Mohan  

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CS. R.  Mohan
Mobile: 9908814677

[Kanchana Prasanna]

Hi,

Please note that the Director's name will be added or removed only on filing of DIR-12. 

E-form DIR-11 is a statutory requirement preceding the resignation. If the company has only two Directors then a Director has to be appointed first before filing resignation in form DIR-12.

So please do the necessary to appoint one or more Directors in the company before filing resignation as the statutory compliance of minimum number of Directors must be adhered by the Private company.

Regards,

Kanchana

Practising Company Secretary

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Regards,

Kanchana

Company Secretary

[Sriram K]

Dear All,

thanks for your inputs, but in my case there is a dispute between the company and the director. So he wants to come out.

but the company is not ready to file the form DIR-12.

So we can not file the form DIR-12 and also director wants his name to be removed in the website.

Reg

K Sriram

Regards,
Sriram K Sarma

[Kanchana Prasanna]

Hi,

In the present scenario please note that the resigned Director has to send the filed form of DIR-11 along with the letter of resignation and resignation acceptance letter of the company to Registrar of Companies of concerned State.

The dispatched documents to ROC along with acknowledgement will suffice as proof that the resigned Director will not be liable for any actions of the company from the date mentioned in the form and resignation letter. ROC will further advice on necessary action to be taken by the company by issuing a letter or notice.

Regards,

Kanchana

Practising Company Secretary

[Jayashree Chandrasekaran]

if there is a dispute then one will not get the resignation acceptance letter from the company

Jayashree

C.JAYASHREE
PROPRIETOR
S.GANESH&ASSOCIATES
CHENNAI
98840 17120

[Kanchana Prasanna]

Then the Director can send the signed documents (Filed form DIR-11, Resignation letter, proof of dispatch of letter to the company) to ROC and request for action from the company. Importantly the Director has to get an acknowledgement from ROC as a proof of the docs sent.

Regards,

Kanchana

Practising Company Secretary