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Querist : Anonymous

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Querist : Anonymous (Querist)
30 May 2011 Dear all

A pvt. co. has not made annual filing from 31.03.2009 and out of 2 directors, one of its director has passed away in Sep. 2009 and the same was intimated to ROC. The status of co. on MCA is active. can anyone suggest me the remedy and also what is the implication on remaining director & company and is there any liability on the legal heirs of passed away director?
please advise...
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Jayashree S Iyer

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Jayashree S Iyer (Expert)
30 May 2011 You need to appoint another director in place of the passed away director. A private company should have a minimum of 2 directors as per Section 252(2). Hence appoint a new director and file form 32. Then proceed to do annual filings.

No liability will be passed on to the legal heirs of the passed away director.
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