Disqualification of director us 164 (2)

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Meena Gupta (Querist)

12 August 2018 Company got strike off by registrar of companies. And directors also disqualified under sec 164(2).
My que is what is remedies to active disqualified directors???
And impact on existing company on which director already disqualified..?
How to get way out of it ?

Nikhil Kaushik

Nikhil Kaushik (Expert)

12 August 2018 the process is long and arduous. You need to apply to NCLT for restoration. costs a bomb too.

Meena Gupta

Meena Gupta (Querist)

13 August 2018 The query is : For a private limited company : Will the period of 3 consecutive years be calculated in respect of financial years commencing on or after the date of applicability of the Companies Act, 2013 i.e. 01.04.2014, OR Will the period of 3 consecutive years be calculated in respect of financial years prior to the date of applicability of the Companies Act, 2013 i.e. 01.04.2014.

Nikhil Kaushik

Nikhil Kaushik (Expert)

13 August 2018 Dear Meena, the period started with filings due in 2014. but how does that affect your case. Your company is no more on record and your directors are disqualified till 2021 if I am not wrong. So better start preparing for an appeal to NCLT quickly.

CA Visswanath Vadde

CA Visswanath Vadde (Expert)

13 August 2018 Getting back striked off companies to active state is the Best Option.
Currently DIN KYC to be submitted even for disqualified directors too.
Currently there is no impact of disqualified directors who are in active Companies, but it may not last forever.

Meena Gupta

Meena Gupta (Querist)

13 August 2018 Thanks. sirji
Got notice under section 248 (1) of Rule 3 companies act , 2013,
in these case director disqualified or not ?

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