Case Summary
- Private Limited Company - Company had 2 directors. One Director Expired in Feb 2019
- We tried adding a new Director but due to death in family and the other director not cooperating we have not finished the work.
- No Death Certificate for expired director has been filed yet with ROC
- In reviewing we found that the registered office for the company based in Delhi was really old and never changed. We always used a different corporate office.
- Recently INC-22A form KYC was requested by ROC for all companies. We could not file that due to above issues.
- Now in July 2019 we finally have only Director left cooperating and ready to sign the papers as needed.
- However, we were told that we (1) Cannot Change Registered Address (2) Add / Change Directors unless we have filed INC-22A. . To add to confusion, INC-22A requires registered office photo and Director photo with-in the office and we need to also change our registered address.
Both our core needs for adding new Directors and Changing the Registered Address of the company cannot be done due to non-filing of INC-22A and we cannot file INC-22A as we don’t have 2 Directors and need for office change.
The current CA advised that we need to submit an application to Regional Director, Ahmedabad. They will need to visit for a hearing and once that is done in favor, we will need to have ROC do manual loading of the documents in portal.
We need to move fast and are trying to formulate an approach on best way to regularize the company and get this back to business. I am interested in more opinions on what we can do and our options here to get out of this mess. Thank you for your help.
CAclubindia
