Incorporation of a company

Vinay B L (Company Secretary) (140 Points)

15 October 2011  

Members,



Mr. A is a director in ABC Pvt limited which is a subsidiary of a public listed company. The company has not made the Annual Filings for the past 3 years. 


Further Mr. A and his wife wanted to incorporate a private company, upon filing the required forms for incorporation,  ROC has raised an objection (put the forms for re submission) that Mr. A is a director in a defaulting company, therefore the company can not be incorporated until the above said company makes it Annual Filings. 


Now my question is, can we take DIN for a new person and ask him to become a director in place of Mr. A for the above said incorporation for the purpose of RE SUBMISSION? (in such case both the directors will not be defaulting directors).


If it can be done, kindly let me know the procedure. 


Kindly advice.




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Thanks and Regards
Vinay B L