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.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- TDS 194-T applicability
- Fixe term employment
- Is any professional CA is here please reply
- GST ITC REVERSE
- Consolidated financials
- Withdrawal in cash from partners capital account by partner
- TDS on Complimentary "Desi Ghee and Gold Coin" Provided to KBC Contestants
- TDS on TRUST
- Regarding Applicability of Tax Audit u/s 44AB
- RCM ISSUE ON RENT AND TRANSPORTATION CHARGES
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
