Legal Question in Business Law in India

Director Resignation

We were two director in a company and each having 50% share. Now, I have sold my share to a nominee of the other director and also have resigned from the director.

I want to know what happens to the liability that was existing in the company, in terms of Sundry Creditors and others...Whose responsibility would be that?


Asked on 3/29/09, 1:01 am

5 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: Director Resignation

you will be liable till you were director in the company. however the illegal act, if any, has been done then for that you will remain liable.

there are so many ifs and buts and that can be sorted out only in discussion.

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Answered on 3/29/09, 8:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Director Resignation

If it is a Company incorporated under the Companies Act, the liability of the company may continue on the company and is required to be discharged by the company.

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Answered on 3/29/09, 8:41 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Director Resignation

Your liability lasts only till you are the director existing and not a director retired.However the company will be held liable as if its a person as it is a separate legal entity.The onus of proving that you have retired from the company rests upon you,viz.you must have submitted the procedures in the ROC and must have been accepted by the ROC by the time you are being dragged so as to make you liable for the past of your directorship.

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Answered on 3/29/09, 9:25 am
Pranav Desai PD Legal & Associates

Re: Director Resignation

You would be held responsible for the acts done till you were the director. However, the responsibility of discharging the debts will be of the company.

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Answered on 3/29/09, 1:18 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Director Resignation

HELLO

GOOD AFTERNOON!

The legal liability will come in your basket anyways if there is any illegal act be commited.

In case of need please contact personally alongwith the documents.

OR

IN CASE OF FURTHER QUERY PLEASE MAIL ME.

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Answered on 4/02/09, 6:54 am


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