Disqualification of director
This query is : Resolved
Priyanka hirawat
(Querist)
24 April 2018
All directors are disqualified u/s 164(2) and company also strike off by the ROC (co not carrying any business before striking off )
My question is....
is it possible remove disqualifications of director....?
My question is....
is it possible remove disqualifications of director....?
KAVIRAJA ADDANGADI
(Expert)
24 April 2018
Refer restoration procedure
https://taxguru.in/company-law/procedure-revival-restoration-struck-company-nclt-route.html
https://taxguru.in/company-law/procedure-revival-restoration-struck-company-nclt-route.html
CS Mitesh Mehta
(Expert)
25 April 2018
1. If the name has been removed erroneously file form DIR 10 as an enclosure to CG 1 to the Ministry for removal of Disqualification.
2. If name has been removed as a reason of non-filing of Financial Statements or Annual return for a continuous period of three years, Apply to ROC for appointment of other directors (Company has to give the name of other two directors in application cum request letter and accordingly ROC will physically associate the DIN of those two directors and Company would then be able to file the Balance Sheets and Annual Returns
3. Also its important for the Directors removed / suspended like this to file a writ Petition / PIL against the action of Ministry / ROC with Hon’ble High Court or Hon’ble Supreme Court of India
2. If name has been removed as a reason of non-filing of Financial Statements or Annual return for a continuous period of three years, Apply to ROC for appointment of other directors (Company has to give the name of other two directors in application cum request letter and accordingly ROC will physically associate the DIN of those two directors and Company would then be able to file the Balance Sheets and Annual Returns
3. Also its important for the Directors removed / suspended like this to file a writ Petition / PIL against the action of Ministry / ROC with Hon’ble High Court or Hon’ble Supreme Court of India
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