Resignation as a director from pvt ltd company

Jassi (Querist) 18 December 2013 This query is : Resolved
2 out of 3 directors of a Pvt Ltd wish to resign. The third director is totally non-cooperative and is acting as a roadblock.

What should be the process that these 2 directors need to follow to resign from the company?

The 2 directors do not have anybody to appoint as a new director in the company before going out. But I believe MCA needs at least 2 directors. So, is it that their resignation would not be accepted? Or do they need to follow a specific process for it?

Whom do the directors need to send their resignations? Please guide in detail.

Follow Query

Report Abuse

V R SHROFF (Expert) 18 December 2013
Company must appoint Advocate: commercial

ajay sethi (Expert) 18 December 2013
commercial query . company can afford legal fees

Jassi (Querist) 18 December 2013
this is not a query from the company's perspective. I just needed to know whether both the directors can simply resign irrespective of the fact that a new director is not being appointed?

PS : i do not understand in what sense is my query commercial?

Guest (Expert) 18 December 2013
Any Resignation of Board of Directors of a pvt ltd or public ltd it is to be placed in the Board meeting and to be approved by the other Directors.After resignation is accepted only the other Directors who are existing in the Board could submit the Resignation with Acceptance to R.O.C. You have to only convince the Existing Directors to accept the Resignation and make some alternatives Now with R.O.C. every thing is ON LINE and yourself cannot insist R.O.C.to update the resignations

R.V.RAO (Expert) 03 February 2014
even the new co's act 2013 needs 2 directors for a pvt.ltd. company.
if 2 of the 3 directors resign, the co.is defunct-defacto not dejure..
mean legally it is non existant.
Being an illegal company has many problems from banks,roc,shareholders etc...
so this is not allowed. first you induct one or 2 more directors.then these 2 directors can resign.no problem.
fist things first.induct new blood first.then remove old blood.
also consult your articles of association. if differences are irreconcilable,approach shareholders meeting or ROC, itself.ROC directions are final.else the erring directors will be taken to task by ROC.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries