Sections and Provisions
DIR-11 is required to be filed under Section 168 (1) of the Companies Act, 2013, and Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014.
Section 168(1):
A director may resign from his office by giving a notice in writing to the company and the Board shall on receipt of such notice take note of the same and the company shall intimate the Registrar in such manner, within such time and in such form as may be prescribed and shall also place the fact of such resignation in the report of directors laid in the immediately following general meeting by the company: Provided that a director shall also forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in such manner as may be prescribed.
Rule 16:
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.
Purpose
The director may resign from his office by giving a notice in writing to the company and he is also required to forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in DIR-11.
The resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later.
Key Information:
The DIR-11 will be auto-approved.
Documents Required:
The following are the mandatory attachments to be filed in all cases:
- Notice of resignation filed with the company.
- Proof of dispatch
- Acknowledgement received from the company, if any, and is mandatory if yes selected in option at serial no 6.
- Any other information can be provided as an optional attachment(s).
Timeline
The director may resign from his office by giving a notice in writing to the company and he is also required to forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within thirty days of resignation in DIR-11.
Fees
Nominal Share Capital |
Fee applicable |
Less than 1,00,000 |
Rupees 200 |
1,00,000 to 4,99,999 |
Rupees 300 |
5,00,000 to 24,99,999 |
Rupees 400 |
25,00,000 to 99,99,999 |
Rupees 500 |
1,00,00,000 or more |
Rupees 600 |
Key Considerations
When a director files e-Form DIR-11 for intimating his resignation before the company files e-Form DIR-12, an email will be sent to the company for filing the e-Form DIR-12 and the status of the Director in the company will be changed to ‘Resigned’ against the selected designation. Once the company files the relevant e-Form DIR-12, the status shall be changed as per the existing system.