Resigned as Director but Still Showing on MCA? What to Do

Resigned as director but still showing on MCA: why does it happen?

The MCA portal shows what has been filed with the ROC. It does not show what was agreed between you and the company. Until the company, or you, files the right form, the old record stays as it is.

Under the Companies Act, 2013, a director can resign by giving written notice to the company. The resignation takes effect from the date the company receives the notice or the date mentioned in the letter, whichever is later. But the public record changes only after the filing is made and processed.

So there can be a gap between your actual resignation and what the portal shows. The most common reasons are:

• The company never filed the director change form with the ROC.
• The company filed late, or the filing was rejected and nobody followed up.
• The resignation letter was given informally, so there is no proof of the date.
• The company is not active and nobody is looking after its compliance.

How to resign as director the right way

Most problems later come from a weak start. A proper process makes the rest easy.

Give your resignation in writing to the company. Mention your name, your DIN (Director Identification Number), the date, and the date from which you want it to take effect. Keep proof that the company received it, such as a signed acknowledgement copy, a courier receipt or an email trail.

The Board of Directors should take note of your resignation. After that, the company must inform the ROC. The exact steps can vary with the type of company and its situation, for example a private company, a public company, or one with very few directors.

• Write the letter clearly and sign it.
• Send it to the registered office and, if possible, by email as well.
• Ask for a signed copy as acknowledgement.
• Keep a copy of every message and document.

Which form does the company file for director resignation?

The company must report the change to the ROC in Form DIR-12. The law gives the company 30 days from receiving your notice to do this. Supporting documents, such as your resignation letter, are usually attached.

The company is also expected to record the fact of your resignation in the Directors' Report of the next general meeting. This is an internal compliance point, but it shows that the company has formally accepted the change.

If the company files late, the filing is generally still possible, but additional fees apply. This is why it is better to follow up early and not wait for months.

What if the company does not file? You can file yourself

You do not have to wait for the company. A resigning director can also send an intimation to the ROC personally in Form DIR-11, along with a copy of the resignation letter and the reasons for resigning. The law allows 30 days from the date of resignation for this.

Filing DIR-11 is a protective step. It puts your resignation on record with the ROC, even if the company stays silent. Many professionals file it as a safety measure as soon as they resign.

Your own filing and the company's DIR-12 serve different purposes. In practice, the ROC record is cleanest when both are in place. Which documents are needed and how the portal treats your case can depend on the facts, so check them before you file.

How to check that your name is removed from MCA records

Once the filing is done, keep the acknowledgement safe. It is your proof that you reported the resignation, and the date on it can matter later.

After some weeks, check the company's master data on the MCA portal. The master data is a public summary of the company, including its list of directors. Your name should no longer appear as a current director.

If you still appear, do not ignore it. Check whether the form was approved or rejected, and whether any resubmission is pending. If the record stays wrong even after approval, take professional advice on the next step.

• Save the filing acknowledgement and the payment receipt.
• Take a dated screenshot or PDF of the master data after the update.
• Keep the resignation letter and proof of delivery in the same folder.

Does resignation end your liability as a director?

No. Resigning stops you from being a director from the effective date, but it does not erase responsibility for defaults during the period you were on the board. The Companies Act specifically says a resigned director can remain liable for offences that occurred during their tenure.

This is why you should not leave the exit for later. A clear and timely record helps show exactly when your role ended. If the ROC record shows you as a director long after you left, notices or compliance issues of the company may be linked to your name.

Also remember that your DIN stays with you after resignation. Resigning from one company does not cancel it, and your DIN KYC (Know Your Customer) obligations continue as per the rules.

If you need help with a director exit, a late DIR-12 or DIR-11, or a dispute with the company, CGA's CA and Advocate team can review your documents and guide you on the right steps for your case.

Frequently asked questions