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ranjan dash (Querist)

22 January 2012 Initially A,B,C&D formed a pvt ltd company in the year 2001.E was appointed as a director during the year 2002,by physically filling form 32 & 18 by paying Rs 400, then F appointed as a director by filling the same. and G appointed in the year 2005.A,B,C& D resign in the year 2005. Thoes who were formed the company, in MOA and AOA.
A,B,C,D resigned without transfer their share.

In mca web site company e filling status showing DORMANT,signatory details shows default in filling din 3 and form 32.
What to do ?

Charu Srivastava

Charu Srivastava (Expert)

23 January 2012 The Directors may not be shareholders unless article provide for the acquisition of qualification shares.

file DIN 3 to make your default good.

Jiten Gupta

Jiten Gupta (Expert)

23 January 2012 Dear Charu,

Section 270 (Qualification Shares) excludes the Private Limited Company from its Purview, then how is it possible??

And as per my understanding Directors (Who are not Sinatory to MOA and AOA) do hold the Shares in Pvt Ltd Company.

Jiten Gupta

Jiten Gupta (Expert)

23 January 2012 And that all happens, Irrespective of anything written in AOA.

Please Clarify, If i am Wrong.

Charu Srivastava

Charu Srivastava (Expert)

23 January 2012 Section 270 is not applicable to private company, but there is no restriction to provide for qualification in AOA of Private Company.I have written if Articles provides so.

Charu Srivastava

Charu Srivastava (Expert)

23 January 2012 Section 270 is not applicable to private company, but there is no restriction to provide for qualification in AOA of Private Company.I have written if Articles provides so.

Jiten Gupta

Jiten Gupta (Expert)

23 January 2012 But where the AOA does not contain provisions related to Qualification Shares then question is

Directors can not be ShareHolders??

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