Directors in defaulting company

MCA / ROC Filings 1991 views 3 replies

Abhishek

Executive

24 Points Posted on 21 September 2011

Dear All

Directors of my company are also director in a defaulting company and not in my company. But when I try to file form 32 or 23 in my company the error is generated stating that

"The director signing the eForm is also director of a

defaulting company which has not filed the due balance

sheet and/or annual returns. Hence the director is not

allowed to file this form. Such defaulting company is

required to file all the due balance sheets, annual returns

first; and only then the director shall be allowed to sign the

eForm for filing".

so in context of MCA General Circular No. 63/2011 dated 6th Sept, 2011, Is my company is allowed to file form or not. and how can i solve this problem.

Thanks

Replies (3)

G.L.Subhramanian

PCS

206 Points Posted on 21 September 2011

Hi Abhishek,

You can file the form only on 25.09.2011 (General Circular No: 64/2011) dated 20.09.2011

That circular is attached for your reference.

Regards,

Subbu

AMIT MISHRA

Legal Professional

393 Points Posted on 21 September 2011

Hi Abhishek,

Your Company is certainly allowed to file forms. Just that director is not allowed to sign forms until defaults in the defaulting Company are cleared

The Digital Signature of the Director affixed to the E-Form is of the Director who is also a director in a defaulting Company. So in this case, affix another director's signatures to the E-Form who is not a Director in Defaulting Company or

Get the details of the Companies in which the director holds office via Mca portal services. Instruct the filing of requisite forms of the defaulting Company in which such person is Director only then you can proceed with filing of Forms of your Company after such forms of defaulting Company are approved.

Hope it helps. For further query feel free to ask

Thanks & Regards

Amit Mishra

New Delhi