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Resignation from directors post
04-Sep-2023 (In Corporate Law)
i was a director in a company ( pvt ltd) that I had formed with a former friend. We have since then parts ways. I had expressed my written consent to resign from the directors post and dissolve the company to my partner but he is restricting his CA to process this further. It's been more than 6 months and even my resignation request has not been processed. There were in all only two directors in the company. How do I get out of this situation
First and foremost you must issue a legal notice to the company as a measure of abundant caution. Thereafter you may prefer a petition before the Company Law Board requiring to company to have your Form 32 filed with the Registrar of Companies. This is a very straightforward issue to be handled as several companies engage in this sort of conduct.
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You should immediately send a legal notice in writing about the same thorugh courier and via mail. He must not be acceding to your request as he may not have another person to make director of the Company but if anything goes wrong then you may be liable for his actions and you can be eloped in criminal cases also.
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Adv. Kanishk Agarwal
Delhi | 100+ Answers
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There is no requirement as per companies law for him to accept your resignation. Your resignation is complete on the date when you addressed it to the registered office of the company. In other words it does not require his approval or assent. If there is some shareholding dispute however then you can easily approach the Company Law Board who will grant you reliefs.
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Adv. Shweta Sharma
Delhi | 100+ Answers
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