Disqualification of Director


Student CA Final

A director has been disqualified under 164(2) due to non filing of Financial statements/ annual return. How can this disqualification be removed..??

Also, is the company other than the company whose financial statements has not been filed required to file DIR-9, Intimation to ROC regarding disqualification of director.
 
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CS Professional

In my opinion, It cannot be removed once he / she has committed such default. He has to wait for 5 years from such default in order to reappoint or appoint as a director in the company.
 
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Student CA Final

Sudhir ji , I am aware of one way that a director has the option to file writ petition for removal of disqualification.

I wish to know is there any other way to remove the disqualification of a director.
 
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People are filing writ petition for removal of disqualification. There is no other way out. And those who are not going by this way are appointing directors from back-end so that operations of company doesn't suffer
 
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Student CA Final

Can we complete the annual filing of the said company using DIN of the other director or not since a professional was saying that DIN of all the director cannnot be used for annual filing of the company...??

Please suggest.

 

Thanx in advance

 
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good clarification and information
 
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