Disqualification of directors

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This query is : Resolved

sarada (Querist)

17 February 2018 All the directors of a Private Limited Company got disqualified due to non-filing of ROC Returns for 3 consecutive years.
Does it affect the concept of going concern?
Do the directors required to mention the about the disqualification in BOD Report??
Does the auditor require to give an adverse report or a qualified report sufficient??

Thankyou all in advance

CS Vishal Mehta

CS Vishal Mehta (Expert)

17 February 2018 1: yes it affects a concept of going concern as all the concerns are restricted to go further immediately on disqualification
2: Practically any decision, signature and resolution will be treated as Null and Void is done after disqualification as per the law, however it is disqualification as notified by the Ministry, hence it has nothing to do with mentioning BOD if all directors are disqualified
3: yes it is the duty of statutory auditors and secretarial auditors to mention that in their auditors report only if it is provided in a format as prescribed for that

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sarada

sarada (Querist)

17 February 2018 Does the auditor need to give adverse report as it affect the going concern ?? Or is qualified report sufficient ??
Thankyou

CS Vishal Mehta

CS Vishal Mehta (Expert)

17 February 2018 qualified report is sufficient

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