Director Disqualification

Pvt ltd 212 views 2 replies

kings22

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.

Replies (2)

pritesh

delhi

720 Points Posted on 12 October 2020

Legally he was disqualified and should vacat the seat of director from company 1.

kings22

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?