Resignation of Director
In short
A director resigns by giving written notice to the company under Section 168 of the Companies Act, 2013. The company must inform the ROC in Form DIR-12 within 30 days, and the director may also file Form DIR-11 with the reasons. The resignation takes effect from the date the company receives the notice, or a later date stated in it.
Overview
The resigning director remains liable for offences that occurred during their tenure. Filing DIR-11 is optional but gives the director an independent record of the resignation.
The company must still meet the minimum number of directors after the resignation.
Key requirements
- Written resignation letter
- Minimum number of directors maintained after resignation
Documents required
- Resignation letter
- Board resolution noting the resignation
- Proof of delivery of the letter
We share an exact checklist for your case before you start, since requirements vary with the structure and the people involved.
Process
Notice
The director submits the resignation letter.
Board
The board notes the resignation.
Filing
DIR-12 is filed by the company, and DIR-11 by the director if they choose.
What KNAP Advisory handles
- Resignation documentation
- DIR-12 filing
- DIR-11 filing on request
Frequently asked questions
Is Form DIR-11 mandatory?
No. It is optional for the resigning director. The company's DIR-12 filing is mandatory.