Saswatabanerjee
Partner - Risk Management
Legal-siddharthindustries
Admin & Legal Officer
+1 Other

D/Sir,
I was engaged in my family business from 2005 to 2014. May 2015, l lefted company and gave resignation letter from all the 5 companies. But 3 days before, I came to know that they are using my name ....I am still director in 2 companies..please guide me to solve this critical issue ...how can I solve it ....
3rd October 2015 From India, Delhi
Your question is silent about the constitution of companies. Whether it is Private Limited OR Public Limited? Considering it as Private OR Public Limited, mere handing over of resignation is not sufficient. As per your statement “I came to know that they are using my name ....I am still director in 2 companies”. It is advisable for you get certified copy of Company Resolution in this regard. As you were ex-director, you must have signed various documents pertain to your Company’s financiers. The financier/s may be private or Banks. It is advisable for you to intimate every financier regarding your resignation and obtain due acknowledgement from them for your safety. Moreover you may publish public notice in local newspaper having wide circulation in this regard through Lawyer in local newspaper one in English and another in vernacular language. With the help of Company Secretary you may intimate it to ROC(Registrar of Company). The intimation to financiers/Bankers will limit your personal liability till your date of resignation.
3rd October 2015 From India, Halol
It's your family business.
You should be able to resolve this internally. Just a tell the other family members that you have resigned and you want your name removed.
The procedure to g followed is as below :
Procedure for Resignation of Director of Company & Compliance
You need to file form DIR 11
Once you have filed it your resignation is effective. Remember that it has to be signed by you and not the company. ThEy then have to file a different form.
If you know the bankers and other main stakeholders, you may send each of them letters informing them of your resignation. To the bank you can simply forward copy of resignation letter and form DIR 11, to customers and vendors send a mail informing them you are no longer a director and that all communication with the company must be sent to xyz.
4th October 2015 From India, Mumbai
D/ Saswata Sir ,
Thanks for the guide ..
I want to removed from this bcoz that are defaulter from bank ...they used my father also. But when they need signed from me on loan papers ..I denied them ...the story was 1 and half ur old .
Can u tell me pls ..
Is DIR form available on net ..after fill this form what Ihave to do .
Can i give DIR form after fill up and my signed to my big brother company ...
Or can Iasked them to fill form or not .
Becoz sir i am very newly on companies ssystem
5th October 2015 From India, Delhi
Yes DIR-11(Notice of resignation to Registrar) is available on MCA 21 site.You can download the same and file it with your DSC attaching your resignation letter served by you.
5th October 2015 From India, Delhi
#Anonymous
If you have signed as a guarantor for any loan, you will still be liable as guarantor, even if you cease to be a director. Similarly, if your father has signed as a guarantor, and if you have inherited any property from your father, then as legal heir of your father will be liable as guarantor. The only thing would be that, the amount for which you would be liable would be equivalent to what you have inherited, if the loan is higher than the amount you have inherited. Same applies to all legal heirs of your father.
Your query is a very serious query. You must consult a lawyer and take proper legal guidance, rather than putting up such queries in a free forum.
5th October 2015 From Indonesia, Jakarta
The form is available online at the MCA website.
However, it is better you take help of a company secretary to get it done.
The form has to be filed by you personally. Giving it to the company or your brother is not going to work. You can resign with retrospective effect (based on the resignation letter date you originally gave) by paying penalty fees for filing late.
Ofcourse you need to have digital signature.

6th October 2015 From India, Mumbai
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