Director Resignation

Hi, One of my friend was a Director in a company which has not carried on any business and in presently in striken off status

My friend wants to surrender the DIN and join a job

Kindly guide can we file DIN 5 Form and surrender or should the company be made active to surrender the DIN?

Please Help.

Replies (4)
Quick Summary
This discussion explores whether a director can surrender their DIN when the company they were part of has been struck off and they have resigned. The initial advice suggests that a DIN cannot be surrendered if it has ever been used. Further complications arise when a former director's family assets are seized, and the company's business activity during their tenure is unknown, raising questions about potential legal breaches and the necessity of company winding up.

As per my opinion, your friend is not allowed to surrender his DIN, because his DIN is already used and associated.

Prime condition of surrender of DIN is that DIN must not have used at anytime in past.

Hi,one of my friend was director in company.after regin from company ,any property of his family sieze by govt.he have join company 25 Feb 2012 -09/01/2014.during these period how much business done in company,data not available

So what is the solution? Only winding up of company ?

Originally posted by : Vijay Prajapati

Hi,one of my friend was director in company.after regin from company ,any property of his family sieze by govt.he have join company 25 Feb 2012 -09/01/2014.during these period how much business done in company,data not available

This is not possible that data not available for the business done.If so the Company should have breached all the applicable lows like excise,service tax,Vat, CST,Income tax ,Companies Act and other applicable Acts to the Company according to the nature of business carried on by it.

 

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