Disqualification of Director u/s 164 of CA 2013

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This query is : Resolved

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This discussion addresses the situation for directors disqualified under Section 164 of the Companies Act 2013 until October 2021. Following this date, directors have two primary options: either wait five years for the Registrar of Companies (ROC) to remove the disqualification or file a writ petition with the relevant High Court to seek an earlier removal. The previously available 'backend process' for director appointment and filing is no longer an option.

Kavita R

Kavita R (Querist)

16 October 2021 Our directors are disqualified upto the 31st October, 2021 in case of a subsidiary and in case of Private Ltd companies. My queries are as follows:-
1) What will be the position of the directors after that date? Will he be able to sign any documents physically or digitally?
2) Or else do i have to appoint a director through backend process and file the annual returns and then only the said directors can sign any form or be appointed as director in other companies.
3) If i have to appoint the director through backend process pls let me know the procedure .

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

18 October 2021 !) No.

2) Back end process is done away. Now, the director has to choose either of the options given hereunder.

* Wait for five years for ROC to remove the disqualification.

* Move a write petition to Hon’ble High Court having jurisdiction for removal of disqualification and act according to the judgement.

3) Infructuous in view of 2) above.

Kavita R

Kavita R (Querist)

17 November 2021 Thank you sir so back end process is done away....

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