CS resignation form not filed

[ACS Poonam Jain]

Dear all,

Pls advise one company secretary has resigned from a company and has joined another comoany but the form for his resignation in previous oganisation is not filed yet, in that case, such Company Secretary can proceed to file form in the current organitation for his appointment or he should wait  till the time  form for his resignation in previous organisation will be filed.    

pls advise.....

Regards

Poonam.

[Hiren Desai]

Dear Poonam,

First Company Secretary should resign from previous organisation, get his/her DIR-12 filed for Resignation and than file New DIR-12 for Appointment in New Company.

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Thanks & Regards,

Hiren Desai

ACS, M.Com

9819102870 / 8080518965

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Thank you

[Vijaya Agarwala]

Agree with Mr. Desai. MCA system would anyways not permit the filing as there would be a prescrutiny error.

Thanks & Regards,

Vijaya Agarwala

[ACS Poonam Jain]

But sir,

Some time the Company hold the form for their convenience as this can be paid with additional fees and the other company insist to file form immediately in that case also we should wait for filing of form by previous organisation.

Regards,

Poonam.

Regards

Poonam.

[Hiren Desai]

Dear Ms.Poonam,

If company holds the forms, kindly tell them to file immediately because the new company wants CS Appointment on urgent basis.

On Wed, Jan 11, 2017 at 12:32 PM, ACS Poonam Jain <cspoon...@gmail.com> wrote:

Some time the Company hold the form for their convenience as this can be paid with additional fees and the other company insist to file form immediately in that case also we should wait for filing of form by previous organisation.

[Vijaya Agarwala]

In that case, the CS will have to convince the previous employer if the employment has ended on amicable terms. Otherwise you will have to resort to other means as follows:

ATTENTION MEMBERS 

Help/Conciliation Desk for Members 

It has come to the notice of the Institute that upon resignation of the members in employment either as Company Secretary or Key Managerial Personnel, the employer companies are not accepting resignation and not relieving such members from their duties. 

Further, the employer companies are also filing complaints against such members with MCA and other regulators. This results in delay in joining other company / organisation and harassment on the members of the Institute. 

Keeping in view the above, the Institute has requested the Ministry of Corporate Affairs to intervene and also requested to issuance of necessary advisory to the RDs/ROCs to help those Company Secretaries for getting relieved from those companies; and in case, no filing of DIR-12 is done within the specified period from the date of event, the companies may be held liable and notices may be issued for such companies. 

To assist the members facing such issues, the Institute has established a Help/ Conciliation Desk. Such members may write the detail of their grievances at kmp@icsi.edu or call at 011-45341038 

Sutanu Sinha 

Chief Executive & Officiating Secretary

http://www.icsi.edu/WebModules/ATTENTION%20MEMBERS.pdf

Thanks & Regards,

Vijaya Agarwala

[Hiren Desai]

Dear Ms.Poonam,

If the CS is resigning it is the responsibility to get is DIR-12 filed for Resignation before he/she leaves the organisation.