Incorporation of a company

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.




-- 

Thanks and Regards
Vinay B L
Replies (1)

Yes, I think You can do that. File Form 1A again with a new person as director. Take DIN and Digital Signature of that person so that he can be a director and sign the form 1A.

And then resubmit it,

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