Save Rs 588 on a 2-Year Ad-Free CAclubindia Pro Membership. Subscribe Now!

Disqualification of directors

Save Share

This query is : Resolved

Priyanka.S (Querist)

23 December 2017 A Company name has been striken off from Office of the Registrar of Companies, due to non filing of financial statements to ROC for 2 years.In this regard whether directors are disqualified u/s 164 of The Companies Act,2013?

CA Prateek Dua

CA Prateek Dua (Expert)

01 January 2018 No person who is or has been a director of a company which—
(a) has not filed financial statements or annual returns for any continuous period
of three financial years; or
(b) has failed to repay the deposits accepted by it or pay interest thereon or to
redeem any debentures on the due date or pay interest due thereon or pay any dividend
declared and such failure to pay or redeem continues for one year or more,
shall be eligible to be re-appointed as a director of that company or appointed in other
company for a period of five years from the date on which the said company fails to do so.

in ur case ...non filing is only for 2 years ..so there is no chance of disqualification,, and if it would have been more than 3 years ,, director(present) would have not enjoyed the reappointment in the same company.!

Message likes : 1 times

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now