Signing of Form DIR-11 by CA/CS/CMA in case of resignation of foreign director

CA Bimal Jain

The Companies (Appointment and Qualification of Directors) Amendment Rules, 2015

The Ministry of Corporate Affairs vide Notification F. No. 01/9/2013-CL.V (Part-II) dated January 19, 2015 has amended the Companies (Appointment and Qualification of Directors) Rules, 2014.

After Rule 16 of the Rules, which requires the Director to forward the copy of resignation (Form DIR 11) within 30 days of his resignation to the Registrar of Companies, following Proviso has been inserted:

“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 reasons for the resignation.”

Related Notification is as follows –

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 19^th January, 2015

G.S.R  42(E) .- In exercise of the powers conferred by the second proviso to sub-section (1), sub-section (4) and clause(f) of sub-section(6) of section 149, sub-sections(3) and (4) of section 150, section 151, sub-section(5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act 2013 (18 of 2013) the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Appointment and Qualification of Directors) Amendment Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

 1. In the Companies (Appointment and Qualification of Directors) Rules, 2014, the following proviso shall he inserted, namely:-

“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 reasons for the resignation.”.

[F. No. 01/9/2013-CL.V (Part-II)]

AMARDEEP SINGH BHATIA

Joint Secretary to the Government of India

Note:-The principal rules were published in the Gazette of lndia, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 259(E) dated the 31st March, 2014 and were subsequently amended vide number G.S.R. 671(E) dated the 18th September, 2014