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A letter of resignation by the director of a company can be used when a director wants to leave their current position as director on the board of the company. Letters of resignation are required to be given to the company by directors intending to resign and are thereafter required to be brought to the attention of the board of the company.
A letter of resignation should specify the date from which the resignation is effective since a director (even after resignation) continues to be liable for acts carried out by the company in the period prior to the resignation. 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.
In a letter of resignation, along with the director informing the company that he or she is leaving and the effective date of resignation, other details are covered such as requesting the company to carry out the necessary filings under applicable laws.
How to use this document
Use this document when a director has decided to leave his position as a director on the board of a company. This letter will enable the form-filler to create a robust record of the terms of departure.
In this Letter of Resignation, pertinent details can be filled in, such as how long the person has been a director with the company, as well as when he/she is leaving. Further, it is also possible to enter information about why the director is leaving from the board of the company and how he can help during the remainder of term till the date of his resignation. These details are optional, however, so the letter can be as basic or as complex as they would like.
Once the form has been filled in and document is complete, two copies of the letter could be printed (one for the director who is resigning, one to be sent to the company) and thereafter the director should sign the letter and send it to the company by registered post or courier at its official address. A scanned copy of the signed letter can also be emailed at the official email address of the company.
There are no laws outlining what must be put into a letter of resignation. There are, however, some overall accepted practices for creating such documents, including ensuring adequacy of information and having a professional presentation, both of which are done in this Letter of Resignation.
Pursuant to submitting the letter of resignation the director is required to file e-Form DIR-11 with the Registrar of Companies pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014 alongwith the applicable fee. Further, the company is required to file e-Form-DIR-12 with the Registrar of Companies pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 15 of Companies (Appointment and Qualification of Directors) Rules, 2014.
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