Defunct director
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
25 September 2011
A pvt ltd co's (i.e.A Ltd)both directors' names are appearing in Defunct Director's List.
As they are director in other Pvt Ltd Co. i.e. B Ltd.and Accounts and Returns of B Ltd are not filed from last 3years.
Due to this we are facing problem in ROC Filing of A Ltd As its both directors have became Defunct Director.
Is there any solution for this?
As they are director in other Pvt Ltd Co. i.e. B Ltd.and Accounts and Returns of B Ltd are not filed from last 3years.
Due to this we are facing problem in ROC Filing of A Ltd As its both directors have became Defunct Director.
Is there any solution for this?
25 September 2011
See, there are only two solutions to it,
1. Have the compliance done for B Ltd., as such the directors are not defaulted.
2. Appoint new director, again for that, you would required the dsc of any director, so
probability there is only one way. In case this is due to some technical difficulties such as the company is under the process of dissolution/merger/etc. you can write a letter to the ROC and have the requisite forms submited.
Regards
1. Have the compliance done for B Ltd., as such the directors are not defaulted.
2. Appoint new director, again for that, you would required the dsc of any director, so
probability there is only one way. In case this is due to some technical difficulties such as the company is under the process of dissolution/merger/etc. you can write a letter to the ROC and have the requisite forms submited.
Regards
25 September 2011
Pl update the filing. No other alternative in view of the following official communication.
Ministry of Company Affaisrs has issued General General Circulars No. 33/2011 dated 01.06.2011 wherein it was informed that in order to ensure corporate governance and proper compliances of provisions of Companies Act 1956, no request, whether oral, in writing or through e-forms, for recording any event based information / changes shall be accepted by the Registrar of Companies from such defaulting companies, unless they file their updated Balance Sheet and Profit & Loss Accounts and Annual Return with the Registrar of Companies.
It is further clarified that the circular shall be applicable to those defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the financial years 2006-07, 2007-08, 2008-09 and 2009-10 with the Registrar of Companies as required under sections 220 and/or 159 of the Companies Act.
Ministry of Company Affaisrs has issued General General Circulars No. 33/2011 dated 01.06.2011 wherein it was informed that in order to ensure corporate governance and proper compliances of provisions of Companies Act 1956, no request, whether oral, in writing or through e-forms, for recording any event based information / changes shall be accepted by the Registrar of Companies from such defaulting companies, unless they file their updated Balance Sheet and Profit & Loss Accounts and Annual Return with the Registrar of Companies.
It is further clarified that the circular shall be applicable to those defaulting companies and their Directors which have not filed Balance Sheet or Annual Return for any of the financial years 2006-07, 2007-08, 2008-09 and 2009-10 with the Registrar of Companies as required under sections 220 and/or 159 of the Companies Act.
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