Director Disqualification

250 views
User Avatar

Shareholder
167 Points Posted on 06 October 2020

It came to our attention recently that one of our DIRECTORS in the Private Limited company (No 1) was also Director in another Private Limited company (No 2) that got strike off by MCA/ROC in June 2017 due to non filing of Annual Reports and Financial Statements. MCA/ROC had strike off lot of companies at that time.

This Director on our company No 1 continues to operate as a Director today and his DIN continues to be active.. He has been signing documents for Company No 1 above. 

1- After the No 2 company was strike off can this director serve on Company 1 board?

2- Is he disqualified legally ?

3- What should we do to make sure we are handling this legally ? Do we inform MCA and get him removed ?

Thank you for your help.

0 Reply Share Follow
On 06 October 2020 at 12:08 Report
Replies (2)
Quick Summary
A director in your private limited company was also a director of another company struck off by the MCA/ROC in 2017. You're seeking advice on whether this disqualifies them from serving on your current board and what legal steps should be taken. The discussion explores the director's continued service, the validity of past filings, and procedures for removal if they refuse to resign.

User Avatar

delhi
720 Points Posted on 12 October 2020
Legally he was disqualified and should vacat the seat of director from company 1.
Reply
On 12 October 2020 at 01:38
User Avatar

Shareholder
167 Points Posted on 12 October 2020

Dear Pritesh - Thank you for your response. Since he had signed 2 other director additions and also one company annual report during this time when he should have been disqualified ; do those filings now need to be done again by other shareholder/director signatures or we just remove him given we just learnt about it and he seems did not share. Please let us now your advise here what we should do ?

 

Also if he is refusing to resign, what direction should we take here to remove him?

Reply
On 12 October 2020 at 02:16

Leave a Reply

Post Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Topics :

  1. INCLUDING PROFITS FROM REIT / INVIT IN SHARE TRADI
  2. Tempsens Instruments IPO GMP Allotment Listing dat
  3. Upload Type - Correction. Not showing in TDS filli
  4. Partnership tax audit query
  5. ERROR SHOWING PARTNER REMUNERATION ITR 3 TIME OF V
  6. Form 146 foreign remittance us citizen
  7. GST 16(2) notice
  8. Which GSTR-1 upload error do you hit most often?
  9. Need advice regarding accounting fees
  10. Is it possible to get a refund for an accidental o

More recent discussions | Post

Related Topics :

Loading