Active (inc-22a) and director additions

Tony K (Shareholder) (51 Points)

10 June 2019  

Hello - I need clarity on a few questions that I am not sure what is best way to solve.We received a notice from MCA that says that our PVT LTD. company has not filed for the ACTIVE (INC-22A) status and the last date for that is June 15th. 

- Pvt Ltd. company had two Directors. One of the directors passed away in Feb 2019 of this year (about 3 months ago). The second director has been requested multiple times to hold an EGM to add more directors but is not cooperating for personal reasons / interests. 

- We got this notice meantime that we have not filed this form and they are going to change the status of company to ACTIVE - NON COMPLIANT.  I saw the form and it seems this needs Director details to be given. We only have one director and other one not cooperating. So not sure how to file director status.

- Can a PVT. LTD. company operate with 1 director for several months / year in case of death of another Director? 

Time is really short with the June 15th deadline and I need to plan the best way to solve these issues. The company is going into Non-Compliance status and I was told that they won't allow DIR-12 filing once it goes into this status. Fortunately, I have one person whose DIN is available if I need to act on short notice to be added as director.

Please guide me what is the best way for me to solve these issues and bring the company back into COMPLIANT status (or not let the NON-COMPLIANT issue happen)?

Thank you in advance