Add director appt in existing pub co

ONE OF MY CLIENTCOMPANY A LTD., ALL EXISTING DIRECTORS ARE DEFAULT DIR, DUE TO NON-FILING OF ANNUAL RETURNS IN SOME OTHER COMPANIES... NOW WE PLAN TO APPOINT ADDITIONAL DIR IN THIS A LTD.,. BUT FORM 32 CAN'T ABLE TO FILE BECAUSE DEFAULT DIR CAN'T SIGN THIS FORMS... WHAT'S THE REMEDY...

Replies (3)

The form-32 has to be signed by one of the directors or secretary. filing the pending returns of the defaulting company in which your company directors are director is the only soluiton. 

You can not file Form 32 for additional director even if  all directors are defaulting in other companies. The only thing possible is check out with MCA in which Companies your Directors are at default and talk to those companies to file their return. Make at least one of your director non-defaulting. 

To be honest it is a very good initiative taken by the ROC to block the privileges of such defaulting directors to safeguard the interests of stakeholders and corporate law.

 

There is only one remedy. You are advised to file the pending returns of the defaulting company in order the get the things done.

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