B.com ACS
1056 Points
Joined August 2011
As per Section 167(1)(a) of the Companies Act, 2013 the office of the director is now vacated due to the disqualification incurred u/s 164 (2)(a).
Kindly check whether he has submitted his disqualification in form DIR-8 before he was appointed as director in the second company. If not, he is liable to penaly u/s 167(2) of CA, 2013. In that case he have to go for compounding of offence u/s. 621A of the Companies Act, 1956.
The first company was required to file form DIR-9 to ROC within a period of 30 days of failure furnishing therein the names and addresses of all the directors of the company during the relevant financial yeairs due to the disqualification incurred u/s 164(2)(a) - Pls refer Rule 14 of Companies (Appointment and Qualification of Directors), Rules, 2014. If not, the officers of the company specified in Sec 2(60) shall be officers in default. They are also required to go for compounding of offence u/s 621A of the Companies Act, 1956.
Hope the matter is clear to you.
Please note that the penalties under Companies Act, 2013 are now heavy compared to erstwhile Companies Act, 1956. So be careful about the compliances.
Reards,
Arjun Rajagopal