Active (inc-22a) and director additions

Pvt ltd 450 views 2 replies

Tony K

Shareholder

51 Points Joined April 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

Replies (2)

Chirag

Professional

1979 Points Joined December 2017

Hi!

If I am not wrong, Then In Month Of April I reply to your query For Appointment of Director By Calling Extra Ordinary General Meeting, The Process Is Not So Complicated As It Looks, Just Give Requisition To Company To Call Meeting with Agenda To Appoint New Director With Any Suggestion Of Name of Any Appointee, Meeting If Not Proceed To Call Within 21 Days From Date Of Requisition then after expiry of 45 Days From Date Of Requisition Meeting Can Be Arranged By Requistionist Itself... Just Comply With Provision of Notice *Agenda * Notes On Agenda *Delivery of it & Maintain minutes... In Case Of ACTIVE Form ,If Your Company Held AGM in 2018 ,The AOC-4 is also submitted, ADT-1 is also at there, And For Director Who is no more DIR-12 has been filed then As Per My Understanding you can file ACTIVE Form ( As these all details will be auto populated) ,Once You Enter CIN of Company.. Else If Your Old Requisition is valid and 3 Months is not passed then you can call EGM by Giving shorter notice by taking consent of members who holds 95%of total voting power, Don't wait for it now and also not confuse that what to do next? Do Google you will find maximum information about it including sample formats.. As delays are not in the interest of company...If It's Out Of Control situation then hire Company Secretary Professional In Practice...