Filing of form 5 by signing the form by defaulter director

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Piyush Garg (Querist)
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30 March 2012 Pls refer following matter

Mr. X director in Company A and Company B

Company B is defaulter in filing with ROC of return 2010

Now, W.E.F 01/03/2011 Mr. X gets resign from Co. B

and Company A wants to File Form-5 for increase in Authorised capital but Co. B is defaulter.

then it can file the form 5 or not Pls advice if you have face this problem

Ajay Mishra

Ajay Mishra (Expert)
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30 March 2012 Hi

No,If a director is defaulting in other company and other company was not filed the Annual document then firstly that company file such annual documents and remove from the defaulter list then he can sign the Form-5 of Company A.

Regards