Appointment as director without consent

Dear Mr. Gupta,

No one can be made a director of a company unless he consents to become a director.  Please note that Section 264 of the Companies Act requires the consent to act as a Director be filed with Form 32 with the Registrar of Companies.  Now, as you are saying no consent was given to become a Director, the question arises how they have filed Form 32.  Has the company filed a forged consent letter with Form 32, if that is the case, you have remedies available under the Criminal laws.  You also have remedies available under Civil laws for naming you as Director without your consent.

Further, considering that you may have forgotton signing of consent and your appointment as Director is completely valid, no one can force you to hold the office of Director.  You can submit your resignation anytime you wish.  The only precaution you have to take is you should have an acknowledgement.  You can send your resignation over mail also addressed to the company and all the Directors.  It is the duty of the company to file Form 32 for resignation within 30 days of your resignation.  As a precaution, you can also get the same submitted to the concerned ROC office.

As regards the remuneration, if there is a contractual arrangement, you can take appropriate action for recovery of the same from the company.