Removal of disqualification of director

Are the 2 directors also promoters of the company. 

yes sir. There are three directors common in three companies. So every director has been disqualified u/s 164(2). Kindly suggest how can the filing of the other two active companies be done?

In that case the active Company has to appoint the new Directors from back end (Regional ROC) and complete the annual filling with ROC.(If all the Directors of the Company are disqualified). There is a circular in this regard.

If all the Directors are not disqualifiied then you can use the DIN and DSC of active Director to appoint the new Director and then complele the filling.

Law is still silent on remedy and relief  available to disqalified Director. The only way is to approach NCLT.

CS Feni Shah

Feni Shah & Associates

9833225599

In this case,if all the directors are also the promoters of the company, then no new director can be appointed.This happens in almost all cases in pvt ltd cos. If there are still promoters who are not directors they can appoint new directors and they can file returns. Once this is done, then DIR 10 can be filed with roc for removing the disqualification of the other directors, but how this DIR 10 can be filed, whether  physically or electronically, it is not clear.The ultimate step is to file a petition in the Court  for stay.

kmkumar

ca acs

Sir, In that case when Directors and Shareholders are same, Shareholders in members capacity can appoint a new Director.