Disqualification of Director u/s 164 of CA 2013

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

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