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Resignation of director on 18th June 2010, 9:28 pm
deepaksinghal
1. In a Private Ltd. company if any of the two director resign, how long the company afford such vacancy.
2. Is it necessary to relive the director immediately after he tendered his resignation (considering his fiduciary relationship).
3. whether his resignation may be rejected on ground that it would not satisfy the requirement of sec 252.
2. Is it necessary to relive the director immediately after he tendered his resignation (considering his fiduciary relationship).
3. whether his resignation may be rejected on ground that it would not satisfy the requirement of sec 252.
2 Answer of the above Q. on 21st June 2010, 1:07 pm
sharmaashish87
1. the time limit is 6 months under section 45
2.No, only managing director can be stopped as he has the greater responsibility.
3.No, this can not stop director to resign
2.No, only managing director can be stopped as he has the greater responsibility.
3.No, this can not stop director to resign
3 Re: Resignation of director on 22nd June 2010, 12:13 am
deepaksinghal
sharmaashish87 wrote:1. the time limit is 6 months under section 45
2.No, only managing director can be stopped as he has the greater responsibility.
3.No, this can not stop director to resign
Dear Mr. Ashish
Section 45 merely provides for members not for directors
4 Re: Resignation of director on 22nd June 2010, 10:07 am
sharmaashish87
Sorry deepak i take it as members but the two is on director.i m also not aware of the answer of first question, i will search its answer as soon as possible if i get i will convey it.
5 Answer by Ankur Sir-(CS) in CAclubindia on 22nd June 2010, 11:08 am
sharmaashish87
Dear Ashish,
It is not about how long company can survive with one director. It is actually about appointment of other director as early as possible.
There is no time limit but undue delay is not at all advisable and may be objected by ROC later on when he come across the situation through filing of form 32.
It is not about how long company can survive with one director. It is actually about appointment of other director as early as possible.
There is no time limit but undue delay is not at all advisable and may be objected by ROC later on when he come across the situation through filing of form 32.
6 Reply by Ankur Shah(PCS) CACLUBINDIA on 23rd June 2010, 2:50 pm
sharmaashish87
If the Company is not able to fill the vacancy in the 6 Months, then the company is liable to wound up as per the Companies Act, 1956
However, the Registrar will not directly struck off the Company, He will ask to the Company, what they have done in 6 Months for the Appointment of the Director
And at that time you have to show him each days procedure followed by the Company for the appointment of Director
However, the Registrar will not directly struck off the Company, He will ask to the Company, what they have done in 6 Months for the Appointment of the Director
And at that time you have to show him each days procedure followed by the Company for the appointment of Director
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