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DIRECTOR DISQUALIFICATION

04 October 2017

In a private limited company there are 2 directors.
But they are disqualified due to non filing of annual return from 31/3/2010.
Now they can't file any forms.

What is procedure to file roc forms

please give me solutions

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5 Replies

Anjali lakra (473 Points)
Replied 05 October 2017

appoint new directors through promoters and get the forms file through them

Ebin Varghese (CS) (186 Points)
Replied 05 October 2017

Can u clarify the solution?

Anjali lakra (473 Points)
Replied 06 October 2017

sure.. As per section 167(1) the office of a director shall become vacant in case he incurs any disqualification. and As per 167(3) if all the directors vacate their offices the promoter or in his absence the central government shall appoint the directors.

Ebin Varghese (CS) (186 Points)
Replied 07 October 2017

thanks for your clarification. But it is not practically possible to file Form DIR-12 for appointment of new directors because DSC of an exsisting Director is necessary. and also what is the diffrence between Director and Promoter.

CS Jigar Shah (Company Secretary) (4583 Points)
Replied 11 October 2017

Currently there is no sollution available. You have to wait for MCA to come out with clarification on such cases. You cannot file any forms with the MCA as all the Directors are disqualified and DIN is disabled by MCA.