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How to remove disqualified director

Mukund (Student) (30 Points)

18 April 2018

Hi Everyone, I have doubt and query in Company Law regarding to Resignation of Directors. In our client private company there 4 directors are there out of 4, 2 directors are disqualified. Could you please let to know how to resign the Disqualified directors.? What are steps we need to follow, is it the same procedure as a resignation of normal director..? Thanks in Advance.

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13 Replies

Kanchan Mundhra (14 Points)
Replied 18 April 2018

You need to file DIR12 and while selecting the reason for resignation, select disqualified under section 164(2).

1 Like

Tanvi Agrawal (10 Points)
Replied 18 April 2018

sir u can file dir12 along with dir-8 stating it's disqualified status

1 Like

YOGESH GARODIA (SELF) (28 Points)
Replied 29 March 2019

Dear Ms kanchan

can you please confirm if you had filed DIR12 for removing disqualified directors by selecting option "Disqualified u/s. 164" and whether the same was approved under STP.

Kindly revert

YOGESH GARODIA (SELF) (28 Points)
Replied 29 March 2019

Dear Ms kanchan

can you please confirm if you had filed DIR12 for removing disqualified directors by selecting option "Disqualified u/s. 164" and whether the same was approved under STP.

Kindly revert

YOGESH GARODIA (SELF) (28 Points)
Replied 29 March 2019

thank you so much for your prompt reply.

just one more question if you could pl address. The directors removed had incurred disqualification u/s. 164 (i.e due to non filing) of the same company or in some other company.

Please revert

YOGESH GARODIA (SELF) (28 Points)
Replied 29 March 2019

thanks for all your help.

HIRAL ADATIYA (CS) (24 Points)
Replied 01 April 2019

Can you please provide Sample Board resolution copy for removal of Disqualified Dircetor?

Only Board resolution copy is enough or other document is required to be attached with DIR 12?

Malkit Singh (Intern at PCS Firm) (22 Points)
Replied 16 April 2019

What would be the effective date of cessation while filing FORM DIR-12? Date of commencement of Disqualification or any other date?

Because according to this date, the ROC Fees will be calculated.

PRABHAKAR (PROFESSION) (28 Points)
Replied 22 April 2019

What would be the effective date of cessation while filing FORM DIR-12? Date of commencement of Disqualification or any other date. pls provide draft board resolution

Jyoti Jaiswal (3 Points)
Replied 21 May 2019

can anyone provide sample board resolution copy for removal of disqualified director. It's Urgent

HIRAL ADATIYA (CS) (24 Points)
Replied 21 May 2019

yes ..its approved via STP form

Parag n Sheth (propritor) (25 Points)
Replied 09 June 2019

Did you got the Answer to the question, what is the date of cessation? Date on which he is disqualified or due date to file KYC-3 or date of the resolution in which he is formally removed from board.