Director disqualification u/s 164(2)
This query is : Open
Paawan surana
(Querist)
26 December 2017
Hello Professionals,
Actually a company want to change its name but the while going through the process it was observed that one of the director of the company is disqualified u/s 164(2) of the companies act 2013.so now my query is whether the disqualified director can sign the application for change of name of company all forms and attachments, or he can do the signing part for any form?
Is there any way to remove such disqualification?
Actually a company want to change its name but the while going through the process it was observed that one of the director of the company is disqualified u/s 164(2) of the companies act 2013.so now my query is whether the disqualified director can sign the application for change of name of company all forms and attachments, or he can do the signing part for any form?
Is there any way to remove such disqualification?
26 December 2017
1. He cannot sign papers because he is not a director by virtue of 164(2).
2. To remove 164(2) disqualification , file a pettion before High count and if
favourable order is received. file pending return of the defaulted company.
2. To remove 164(2) disqualification , file a pettion before High count and if
favourable order is received. file pending return of the defaulted company.
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CS Mitesh Mehta
(Expert)
26 December 2017
Disqualified directors can't file any documents or applications with MCA. Central Government has decided to introduce a Scheme namely “Condonation of Delay Scheme 2018” .A defaulting company is permitted to file its overdue documents in accordance with the provisions of this Scheme. Scheme is not yet rolled by MCA officially on its website and in draft stage
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Paawan surana
(Querist)
26 December 2017
Thank you for the solution,
but i want to know whether the company whose one director is disqualified can go for name change? i.e the application of name change can be made by the other director?
but i want to know whether the company whose one director is disqualified can go for name change? i.e the application of name change can be made by the other director?
Paawan surana
(Querist)
26 December 2017
*can't he sign for any other company in which he is director and company is not in defaulters list? or he is just disqualified to sign for any of the company in which he is director?
26 December 2017
167(1)(a) literally doesn't permit to sign for the proposed name change.
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Paawan surana
(Querist)
26 December 2017
Thank you very much sir.
With reference to section 167(1)a the director(other than the disqualified director) of the company can go for name change process right, there is no restriction in name change of a company whose one director is disqualified?
With reference to section 167(1)a the director(other than the disqualified director) of the company can go for name change process right, there is no restriction in name change of a company whose one director is disqualified?
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