Guidance Required – Non-Filing Since Incorporation & Director Resignation Issue

[NEBIN BINOY]

Dear All,

We seek your guidance on the following matter:

A company incorporated in 2015 has not completed any ROC filings since incorporation. Further, PAN was not applied at the time of incorporation.

Due to non-availability of PAN:

• MCA registration for updating the company email ID is not possible (as PAN is mandatory).

Now, one of the directors intends to resign. However:

• DIR-11 is not being successfully filed because the company email ID is not getting fetched/validated in the form.

• The other two directors are not available / non-cooperative, hence DIR-12 filing by the company is also not possible.

• For updating the company email ID on MCA, the company PAN is mandatory.

Kindly advise on:

1. The procedure to apply for PAN at this stage (after 10 years of incorporation and no filings).

2. How to proceed with director resignation in absence of access to company email and non-cooperation of other directors. Guidance Required – Non-Filing Since Incorporation & Director Resignation Issue

Your suggestions will be highly appreciated.

Regards,
Nebin

[CS Mohit Saluja]

Dear Concern,

          Greetings of the Day  !

The director who want to reign, may file DIR-11 intimating ROC about his resignation and end a mail and letter via registered post to the company to approve resignation.,

The resignee director shall not be responsible for anty activity after filing of  DIR-11

CS Mohit Saluja 

CERTIFIED CSR PROFESSIONAL

and Registered Trade Mark Agent

Mohit Saluja & Associates

Company Secretaries

FCS, L.L.B, M.Com, B.Com(Prof.)

338/7, Central Town

Near Swaran Institute

Jalandhar, Punjab-144001 

Tel: +91 9914558709 (M) 
Email: csmohit...@gmail.com | csmohits...@gmail.com

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[NEBIN BINOY]

Dear Mohit,

Thanks for your mail. The issue is DIR 11 cannot be filed due to the email of the company is not getting auto fetched to the form and for updating the email of the company we have to create the 

MCA creds for the company which cannot be completed due to unavailability of PAN card or PAN number.

Regards,

Nebin

To view this discussion visit https://groups.google.com/d/msgid/csmysore/CAA3EwM_Jb%3DxS8SKwULuqw99yw%2BK623Bq6tbOET-2d8v95HWXVQ%40mail.gmail.com.

[Kaumudi Joshi]

Hi Nebin, since this appears to be a contentious issue, you may first write to the company and the shareholders giving them entire factual matrix regarding why the director wants to resign and requesting them to immediately act and apply for PAN. In this manner, you will have on records your position. 

If the company doesn’t act even after this, you may have to approach MCA manually to have this fixed.

This information is provided for information purposes only and should not be construed as a legal advice.

To view this discussion visit https://groups.google.com/d/msgid/csmysore/CAK%2B5Lzpc0RQ1D%3Day2ZqjF9nQNkwMHEx1QvrarvRfkYa-aDjhdg%40mail.gmail.com.