Remove
A Director
Conduct an easy removal/resignation procedure of a director from Company. Prices start at INR 2299/- only.
Start With Confidence
CA/CS Assisted | 4.8/5 Rating
What is Removal or Resignation of Director?
All you need to know
Director of a company is a natural person elected by the shareholders as per the Memorandum of Association and Articles of Association of the company. Appointment of an additional director may be required by the business requirements of a particular company. Depending on circumstances, a director may have to resign or he may have to be removed from the board of directors.
Procedure for Director Resignation and Director removal will be different. A Director can resign from a company by giving a notice. Board is required to file a relevant form with ROC within 30 days. A Director is also required to file form DIR11 with ROC.
Why Ebizfiling?
EbizFiling.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory, and management consultancy services to clients in India and abroad. The resignation of Director is easy, seamless, cheapest and quickest with EbizFiling.com! Apart from a Director Resignation, EbizFiling.com also helps entrepreneurs with Private Limited Company Registration, Public Limited Company Registration, LLP Registration, HUF, One Person Company and all other compliances easily. You may get in touch with our compliance manager on 09643203209 or email info@ebizfiling.com for free consultation.
Simple Prices No Surprises
Choose Your Package
ESSENTIAL
₹ 2299/-
(All Inclusive)
- Documents Preparation
- DIR 12/ DIR 11 Filing for One director resignation
ENHANCED
₹ 3799/-
(All Inclusive)
- Documents Preparation
- DIR 11 Filing for One director Resignation/Removal (with consent)
- DIR 12 Filing for One director Resignation/Removal (with consent)
ULTIMATE
₹ 4799/-
(All Inclusive)
- Documents Preparation
- DIR 11 Filing for One director Resignation/Removal (without consent)
- DIR 12 Filing for One director Resignation/Removal (without consent)
How to give Effect to Resignation of Director?
5 Easy Steps
1
DSC Application
2
Preparation of Documents
3
Signing of Notice
4
File Form DIR 12
5
File Form DIR 11
File Form DIR 12
This is the most critical compliance step after a director’s resignation or removal. It’s mandatory for updating ROC records, making it highly relevant and widely searched.
File Form DIR 11
Important from the director’s personal compliance perspective. Many directors and professionals look up this topic to ensure protection from future liabilities, making it valuable content.
Preparation of Documents
Strong educational value. Users often need guidance on what documents are required and how to prepare them correctly. This topic helps build authority and trust.
FAQs On Removal or Resignation of Director
Get answers to all your queries
-
What is the process for a director to resign from a company?
A director can resign by submitting a written notice to the company. The company must file Form DIR-12 with the ROC within 30 days of receiving the resignation, along with a board resolution and resignation letter.
-
Is it mandatory to file DIR-11 by the resigning director?
Yes, as per Rule 16 of the Companies (Appointment and Qualification of Directors) Rules, 2014, the resigning director should file Form DIR-11 with ROC to officially intimate their resignation, although this requirement was relaxed for some private companies after MCA notification.
-
What legal compliance is required from the company after a director resigns?
Once a director submits their resignation, the company must convene a board meeting to accept it officially. Thereafter, it is required to file Form DIR-12 with the Registrar of Companies (ROC) within 30 days, along with necessary attachments like the board resolution and the resignation letter. This ensures that the resignation is valid and reflected in public records as per the Companies Act, 2013.
-
Can a director resign without company approval?
Yes, a director can resign unilaterally by submitting a resignation letter. However, the company must accept and record the resignation in the board meeting and file it with the ROC.
-
Can a company remove a director without their consent?
Yes, under Section 169 of the Companies Act, 2013, shareholders can remove a director (except those appointed by the Tribunal or under proportional representation) by passing an ordinary resolution after giving a 14-day notice.
-
What is the ROC form for resignation of a director?
Form DIR-12 is used by the company to intimate the resignation to ROC. Optionally, the resigning director may file DIR-11.
-
What happens if the company doesn’t file DIR-12 after resignation?
If the company fails to file DIR-12, the director may still file DIR-11 to protect themselves. Non-filing by the company may result in penalties for non-compliance.
-
Is shareholder approval needed for removing a director?
Yes, removing a director (not appointed by the government or Tribunal) requires an ordinary resolution passed at a general meeting with proper notice to the shareholders and the concerned director.
-
Can the last remaining director of a company resign?
No, at least one director must remain in the company. A sole director cannot resign unless a new director is appointed before their resignation is processed.
-
How is a partner removed from an LLP?
As per the LLP Agreement, a partner can be removed by mutual consent, or in case of fraud or breach of duty. The change must be filed using Form 4 with MCA.
-
What is Form 4 in LLP for?
Form 4 is used for notifying the Registrar about changes in the partners/designated partners of an LLP, including admission, cessation, or change in details.
-
Is consent required to remove a partner from LLP?
Yes, removal must be in line with the LLP Agreement. If silent, all partners’ consent may be required, or the matter must be settled legally.
-
What is the effective date of resignation of a director or partner?
The effective date is the date mentioned in the resignation letter or the date when the company or LLP receives the resignation, whichever is later.
-
Can a company force a director to resign?
No, resignation must be voluntary. However, a company can initiate removal through shareholder approval under Section 169.
-
Can a director or partner be removed due to misconduct?
Yes, in cases of breach of fiduciary duty, fraud, or non-performance, a company or LLP can take steps to remove the individual in accordance with its charter documents and applicable laws.
-
Are there penalties for late filing of DIR-12 or Form 4?
Yes, late filing attracts additional fees per day of delay under MCA norms. Continued non-filing may lead to further penal consequences.
-
Can an LLP function with only one partner?
No, an LLP must have a minimum of two partners. If the number falls below two, the sole partner must induct another partner within six months to comply with the LLP Act.
-
Do resigned directors still have responsibilities post-resignation?
No, once the resignation is accepted and filed, the director is relieved of future liabilities. However, they remain accountable for acts done during their tenure.
-
How long does it take to remove or resign a director or partner?
The process usually takes 3–7 working days after the board/shareholder approval and successful ROC filing, provided documents are in order.
-
How can EbizFiling help with resignation or removal of directors/partners?
EbizFiling provides end-to-end support for drafting resolutions, preparing resignation or removal documents, filing DIR-12/Form 4, and ensuring smooth compliance with ROC, making the process hassle-free and legally sound.
