Dear Professional Members -

Last year, I resigned as Director of a private limited company and verbally told the remaining directors to file my resignation - which did not happen. On 1st March 2014, I wrote a formal resignation and sent to company registered office by 'Registered AD' post, telling company that I have resigned from 1st March 2014 and requesting company to file resignation with MCA - but the company still did not file my resignation. I had marked the MCA as 'CC' in these resignation letters. But when I sent copy of these letters to MCA (both 'By Hand' and "Registered Post"), MCA refused to accept.

So, my resignation has neither been filed by the company nor been accepted by MCA - though I have proof of sending it to the company by 'Registered Post'. I have been told, and I am shocked to hear, that there is no other way to get your resignation acknowledged in MCA records if MCA is not accepting my resignation. 

I want to clear my name as director from this company (although there has been no transaction at all in this company for years). Please urgently help.

Thx,

vJ

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Hi,

You need not to worry about filing of resignation with MCA.

From legal perspective, your resignation will be valid from date of tendering of resignation letter provided that you were not a whole time director in that co. Further make sure that AOA of that co. does not contain any clause with regard to resignation of a director to be only valid on acceptance by board.

If both these things are ok, then no matter whether resignation is filed or not, you will be deemed to have resigned. Filing of Form 32 is a consequential or you may say, procedural aspect connected with it. But, ofcourse, it is duty of co. and not director to file such a form. So, it is only the co. which is at loss.

Also, since you have proof of tendering your resignation it would not be difficult to prove it if the need arises.

And lastly, MCA do not entertain or acknowledge records which are filed out of the way when there is a process to deal with it. But that does not in any way adversely affect the case.

Thx

Sarthak

I agree with Mr Sarthak Jain.  The Company ought to have e-filed Form 32 within 30 days of VJ's resignation. Mr VJ can uplaod a complaint with MCA electronically.

KGP

Director resigning can file his notice of resignation direct to ROC by e-filing Form DIR-11 which should be digitally signed by him.