Removal of Director's Disqualification

Removal of Director's Disqualification | Directors Disqualified - Unable to file ROC Compliance

Solution?

  • Need an Interim Stay on Disqialification
  • Get an order from High Court / NCLT to open ROC window & file pending compliances
  • Appoint New Director(s) and Remove Disqualified Directors from Board
  • Disqualified Directors may again eligibile to appoint as a director after 5 years lock in period.

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Removal of Director's Disqualification - Legal Process

MCA had disqualified around 3.09 lakh directors that failed to comply with the regulations stated under section 164(2) (when a company has not filed financial statements or annual returns, for any three consecutive years, it will result in the disqualification of its directors for a period of five years) and 167(1)(a) (directors to vacate their office in a company upon incurring disqualification as per Section 164 of the Companies Act, 2013) of the Act. As a further preventive measure, the authority has blocked DIN of all the disqualified directors.

The main reason behind issuing Disqualified Director List was also that the Government was of the view that there are a large no. of SHELL Companies which were not complying any law and were also not filing their returns. Hence, all the directors of such shell companies were declared Disqualified. Now, there are three types of companies in which DISQUALIFIED DIRECTORS are exist –

  • Defaulting Companies: having Active Status but Directors Disqualified because of Non Filing of their return
  • Genuine Active Companies having genuine business but having disqualified status: Since the directors of these active companies were also directors of any other struck off or disqualified companies.
  • Strike Off Companies, the directors of which ultimately got disqualified on getting struck off.

Again government took a step by introducing Condonation of Delay Scheme (CODS), 2018 utilizing its powers under section 403, 459 and 460. Under the said scheme DIN of disqualified director temporarily reactivated and given opportunity to file pending compliances with penalty to reactivate companies declared as Strike off. CODS was operational from 1st Jan to 30th april 2018

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    Different Circumstance to Comply for Directors Disqualification Removal

    When Company was Functional BUT Directors Disqualified

    In this case petition to be filed with NCLT
    Get the order and File with ROC.
    File all Pending Form and Remove
    Disqualified Directors
    Appoint New Directors

    When Company was Non-Functional AND Directors Status Become Disqualified ( DIN Deactivated)

    In this case petition to be filed with High Court
    Get the order and File with ROC.
    File all Pending Form and Remove
    Disqualified Directors
    Appoint New Directors

    Procedure for Restoration of DIN - Directorship Activation

    File Petition

    Draft Petition and File the matter to High Court or NCLT

    Court Appearance

    Our Lawyer shall appear before court and get the order

    Interim Stay

    Court order is an interim stay on disqualification of director so that you can file your all pending ROC forms upto date and Appoint New Directors and Remove Disqualified Director.

    File court Order to ROC

    File the Court order to ROC and seek approval to file the pending compliances. ROC then open window to allow you file your all e-forms

    File Pending Compliances

    File all your pending ROC forms.
    Remove Disqualified Director(s) and in place appoint New Director(s)

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