Resignation Of Directors as per companies act procedure

Resignation when becomes effective 
Whether acceptance of resignation required
Withdrawal of resignation
Resignation of WTD or MD
Verbal resignation
Other points
1 Resignation when becomes effective  As per the articles provisions
Immediately Articles doesnot contain any provision for acceptace of resignation
Where articles allow directors to resign anytime
2 On acceptance Where articles require acceptance
Resignation states that it is effective from the date of acceptance
Director tendered resignation is a MD or WTD
3 Withdrawal of resignation Resignation once made cannot be withdrawn
Exception Resignation requires acceptance and the withdrawal is made before the same is accepted
Withdrawal is made with the consent of board or shareholders or in accordance with the articles
4 Resignation of WTD or MD Resignation takes effect only on the acceptance of the same. Untill then he continue as director
5 Verbal resignation If the articles is silent, verbal resignation is valid provided the intention to resign is clear
Exception Even the articles require written resignation, verbal resignation is valid provided the if the same in made in GM and the GM accept the same
6 Other points Resignation to be submitted to board or to the shareholders
Resignation copy neednot be filed with ROC

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