Directors in defaulting company

2001 views 3 replies

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)

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

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

Yes. Mr. Amit is correct. I answered on the assumption that the DSC available with the company is only that of the defaulting director.

 

Regards,

Subbu

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details