Circular Resolution for Resignation of director

[sathishkumar]

  Dear Friends,

                          A person who is director in a listed company has submitted his resignation letter in current date stating that resignation with immediate effect. 

                         Since it is a listed Company the Board meeting will be held on may. can the Board pass a resolution by Circulation for accepting his resignation.

                         Kindly give  your opinion on the above subject and also refer the section of the Companies Act, 2013 Since I have already gone the Provision I

                         couldn't find out where it is actually says. Plz share the list of items can be passed by Circular resolution for listed entity.

Regards

R.Sathishkumar

[Himanshi Baluni]

Generally,  the Board  take note of the resignation of director in its next meeting. However, since in your case, meeting is to be held in May, this resignation may be taken note of through circulation because within 30 days DIR-12 is also required to be filed. Delay in doing so will invite huge penalty. Also, in Section 168 it is not specifically written to take note in "meeting only". So, in my opinion you can do so.

Regards,

Himanshi Baluni 

B.com(H), ACS

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[Deepesh Nayak]

No need to worry. You can just go for filling of Form DIR - 12 and take the note in next board meeting. As you are listed entity, immediate intimation to stock exchange would be required.

Thanking you,

CS Deepesh Kumar Nayak*
*Mob. 097134-80215*
*csdeepe...@gmail.com*

[Himanshi Baluni]

Pls note: For filing DIR-12 authorisation is also required to be given to a director. 

Regards,

Himanshi Baluni 

B.com(H), ACS

[Deepesh Nayak]

Not necessary to give every time. One time authorisation for filing ROC forms will suffice.

I assumed that at least one director have such authorisation in the company.

Thanking you,

CS Deepesh Kumar Nayak*
*Mob. 097134-80215*
*csdeepe...@gmail.com*

[Himanshi Baluni]

This is possible when company passes a resolution for general authorisation to a director for filing all forms. Practically, I have come across very few cases where such general authorisation is given. 

Satish ji pls check in your case.

Regards,

Himanshi Baluni 

B.com(H), ACS

[R. Sathishkumar Sathishkumar]

Dear all thank you for your valuable reply. we already passed a resolution for Authorization for filing ROC forms.

Regard

R.SATHISHKUMAR.  

Regards

R.Sathishkumar

[Manoj Singh Bisht]

Check articles.
Pass circular resolution and file form DIR 12 with necessary attachments. Thanx.