Shall i become a director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 August 2011 I was a director for a private limited company and it was registered with R O C but some circumstances the company was not started. and we have not intimated to R O C,
it was happened in 2006.
Now my friends are going to start a public limited company shall i joined in that company as one of the director ?
is there any problem joined as director?

CS VENKATARAMANAN S

CS VENKATARAMANAN S (Expert)
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13 August 2011 Dear friend,
Now a days, If a company is in default in filing annual returns with ROC, the companies which has the directors who are the directors of the defaulting company are not able to file any return with ROC. In simple words, you may become director of 10 new companies, but if you are a director in one defaulting company, the other 9 companies will not file any documents with ROC. So if you want to start a new venture please wind up the the company incorporated in 2006 which has no function.
All the Best!

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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13 August 2011 Director's of defaulting companies are not allowed to e-file forms of other companies in which he / she is a director. Pl see MCA general circular 33/2011 for full details. In view of that, unless the existing company's filing is updated, I think, u may face problems in uploading e-forms while incorporating another company.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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13 August 2011 There is a scheme which has started from 12th August, 2011 under which you can file the old returns and can regularize the company in which default has been made.

Other matters I agree with the experts.

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