Company incorporation

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2018 We are incorporating the new private limited company with 2 Directors (one director has already DIN and other director DIN is to applied in spice form)

One Director is associated with company which struck off by ROC in July 2018 but the status of DIN of Director is showing as approved despite it is disqualified.

Please tell the consequences for practising professional certifying spice form...?

Professional should certify form or not...?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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18 September 2018 The professional has to face penal consequences for wrong certification.

The reason is

* the DIN holder is guilty for breach of duty if company is struck of for non
compliance of annual filing.

* accordingly, DIN holder can't give INC-9

* if given, certification clause (ii) of INC 32 will go wrong which attracts clause (v).