Query regarding resignation of a Director

[Rinkesh Saraiya]

Dear Professionals,

I HUMBLY request you to please guide me on my below mentioned query. 

A Foreign Director of a Company resigned from his directorship around 7 months ago. But at that time, the company forgot to file Form 32 of that Director. As a result of which, the Director's name is still reflected in the MCA's records as well as portal.

Now, as we all know that Form 32 has been discontinued. So, now as per the new Forms introduced by MCA, the Director will have to first file Form DIR-11 (Notice of resignation of a director to the Registrar) and the Company will have to file Form DIR-12 (Particulars of appointment of Directors and the key managerial personnel and the changes among them).

The actual problem lies here. For filing Form DIR-11 and DIR-12, Digital Signature of that Director is required. And the Company does not have that DSC, nor the company is in touch with that Director anymore, nor he is going to come to India any time soon. The Company does not have any connection with that Director anymore. So the question of making the Digital Signature of that Director does not arise.

Now my query is how to remove that Director's name from the MCA's records so that his name does not gets reflected in the MCA portal?

Request you all to please help me with these regards.

Thanks.

Regards,

Rinkesh Saraiya  

[CS A Rengarajan]

Please  note  in  respect  event  happened before  dsc  will  not  be required  and  please  file  respective  form  DIR 12  only  no  need  to  file  DIR 11. Infosys  has  clarified  the  same.  From 1st  april  2014   only  we  need  to  file  both  the  forms  for  which  you require  DSC  of  forieign director

regards

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CS A Rengarajan

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[Venkat Ragavan]

Dear Rinkesh 

I agree with Rengarajan sir, you have to file DIR12 only DIR 11 will be applicable after 01.04.2014 resignation.

[BIRENDRA kumar]

Dear

pl attached the format of notice of resignation & proof of dispatch with form DIR -11& Notice of resignation & Evidence of cession with form DIR-12

THANKS & Rrgards
Birendra Kumar

[Rinkesh Saraiya]

Dear A Rengarajan Sir,

Thank you so much for your suggestion.

Regards,

Rinkesh Saraiya

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[Rinkesh Saraiya]

Yes Sir, thank you for your suggestion. 

As Rengarajan Sir suggested, I'll upload Form DIR-12.

Regards,

Rinkesh Saraiya

On Wed, May 7, 2014 at 4:04 PM, Venkat Ragavan <cs.venka...@gmail.com> wrote:

Dear Rinkesh 

I agree with Rengarajan sir, you have to file DIR12 only DIR 11 will be applicable after 01.04.2014 resignation.

[Rinkesh Saraiya]

Dear Sir,

No attachment found.

Regards,

Rinkesh Saraiya

On Wed, May 7, 2014 at 4:13 PM, BIRENDRA kumar <kumarbire...@gmail.com> wrote:

Dear

pl attached the format of notice of resignation & proof of dispatch with form DIR -11& Notice of resignation & Evidence of cession with form DIR-12

THANKS & Rrgards
Birendra Kumar

[Rajesh]

Dear Rangarajan Sir,

Is there a Circular which clarifies on the non requirement of filing
Form DIR 11 for events that happened before 1st April 2014. If yes,
can you share it with us please.

Further, how can Infosys clarify on a point of Law.


Rgds,

On 5/7/14, Rinkesh Saraiya <rinkes...@gmail.com> wrote:
> Dear Sir,
>
> No attachment found.
>
>
> Regards,
>

> *Rinkesh Saraiya *

>>>>> *Now my query is how to remove that Director's name from the MCA's
>>>>> records so that his name does not gets reflected in the MCA portal?*

>>>>>
>>>>> Request you all to please help me with these regards.
>>>>>
>>>>> Thanks.
>>>>>
>>>>> Regards,

>>>>> *Rinkesh Saraiya*