The resignation of a foreign national serving as a director in an Indian company follows a similar process to that of an Indian director, governed by the Companies Act, 2013. The resigning director must submit a written resignation letter to the board of directors, stating the reasons and the effective date of resignation. The board must acknowledge the resignation, and the company is then required to file Form DIR-12 with the Registrar of Companies (ROC) within 30 days of the resignation. If the foreign director holds a Digital Signature Certificate (DSC), it can be used to sign necessary filings. In the absence of DSC, the company secretary or another authorized person must complete the filing. The company must also record the resignation in the register of directors and update its statutory records. Public disclosure through the company’s website or annual return may also be required based on the nature of the company.
Conclusion: The resignation of a foreign director is a structured legal process that must be documented and reported to the ROC in a timely manner to ensure corporate compliance and maintain transparency.