LawRato

Resigned from directors post can bank recover pending dues from me


05-Jul-2023 (In Corporate Law)
I was the managing director but later resigned from a private ltd family owned company. Under family pressure I signed a few company documents even after my resignation as the other directors were out of India. The company defaulted on a loan and the bank is now seeking directors to pay for it. I am being dragged based on the signatures I did after resigning even though the RoC has my form 32 which is dated before this loan was given to the company. Is there a way I can prove that I was not involved with the company and that those signatures should be considered void.
Answers (4)

Answer #1
973 votes
Taking into consideration your above facts . Your query can be address after examination of the documents signed , resignations , resolutions etc.

However prime face your signature can be shown as invalid .

Best Regards
Adv Harshad Rathod
Answer #2
766 votes
Why u had signed document?
What kind of family pressure do you have?
What is amount of recovery?
Why have you resigned the company?
If you want to avoid recovery proceeding you need to give full fact of case or revert back to me. I will assure you that not single rupees is recovered from you.
Why u had signed document?
What kind of family pressure do you have?
What is amount of recovery?
Why have you resigned the company?
If you want to avoid recovery proceeding you need to give full fact of case or revert back to me. I will assure you that not single rupees is recovered from you.
Answer #3
970 votes
Dear sir, its not enough only to be director of particular company in order to fasten the liability. It is settled law that Directors are not personally liable for dues of the company. If you have guaranteed loan in your personal guarantee in that case only you can be held liable. From form 32 it would be clear that you are no more associated with the company when actually transaction took place. if you get any notice from court in recovery case, please take assistance of lawyer specilized in recovery matters.
Answer #4
695 votes
Technically, a director who has resigned cannot be held liable for company related offences after the date of acceptance of such resignation with the Registrar of Companies.

Firstly, it is important to ensure that the resignation has been accepted by the Registrar of Conpanies.

However, a resigned director will be accountable and responsible for any acts or offences undertaken while in office.

Hope this shall be able to solve your query.

Now send a legal notice for recovery of dues from employer drafted by an expert lawyer in your city at affordable cost.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."