Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014 deals with Copy of resignation of director to be forwarded by him. Under the rule, 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 prescribed fee. Also the Rule 15 related to notice of resignation of director provides that the company shall within thirty days from the date of receipt of notice of resignation from a director, intimate the Registrar in Form DIR-12 and post the information on its website, if any.

Considering the practical difficulties in filing of DIR-11 in case of a foreign director it has been now provided that in case a resignation of a foreign director where the company has already filed Form DIR-12 with RoC under rule 15, Form-DIR-11 can be filed on behalf of such foreign director and under a written authority by a practicing chartered accountant, cost accountant company secretary or any other resident director of the company.

The Notification is extracted as under:

Government of India
Ministry of Corporate Affairs
NOTIFICATION

New Delhi , the 19 ^th January, 2015

G.S.R. ..............(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, 20 13 ( 18 of 20 13), 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.

2.    In the Companies (Appointment and Qualification of Directors) Rules, 2014, in rule 16, the following proviso shall be 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-CLV(Part-II)]

(Amardeep Singh Bhatia)
Joint Secretary to the Government of India

Note.- The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number G.S.R. 259(E), dated the 31st March, 2014 and was subsequently amended by notification number G.S.R. 671 (E), dated the 181  September, 2014