Rule 16 of the Companies (Appointment and Qualification of Directors) Rules 2014 as earlier discussed earlier here, prescribes where a director resigns from his office, he shall within a period of thirty days from the date of resignation, forward to the Registrar a copy of his resignation along with reasons for the resignation in Form DIR – 11 along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
The Ministry of Corporate Affairs bring out an amendment to these Rules through the Companies (Appointment and Qualification of Directors) Amendment Rules 2015 dated 19th January 2015. These Rule are applicable from date of publication of these amendment rules in Official gazette.
These Rules insert a proviso in above mentioned Rule 16:
“Provided that in case a company has already filed Form DIR – 12 with the Registrar under Rule 15, a foreign director of such company resigning from his office may authorise in writing a practising chartered accountant or cost accountant in practice or company secretary in practice or any other resident director of the company to sign Form DIR – 11 and file the same on his behalf intimating the reason for resignation.”
This is really a good step because, this may not be possible or is not feasible for a foreign director to have a digital signature as per Indian law form certifying Authority in India just for filing this form DIR – 11.
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