DIR-12 for disqualification under section 164(2)

[sangita joshi]

Pl. confirm friends what will be evidence of cessation for removal of director under section 164(2) of CA 2013 as DIR-12 form is asking for the same.

And pl. also confirm if director is disqualified under section 164 (2) for non-filing of financial statements and returns from 2017 then can we remove him in current date and appoint other person in same form because presently there are 2 directors and only one director is disqualified.

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Thanks & Regards, 

Sangita K. Joshi

Sangita Joshi & Associates, Company Secretaries

9987015644

[Pcs_sandip Lathiya]

For Appointment and Resignation

Yes, You can do it

For Evidence of Cessation

Director Will intim to the Company that I was Disqulified under Section 164(2), Then after Company accept his resignation in the Board Meeting, And pass board Resolution, Such Board Resoution will be consider as Evidence of Cessation.

• Kindly Take a Note that In the Case of Disqulification , Dir-12 will be NON-STP.

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[sangita joshi]

Thanks a lot Sir for your prompt reply but as per DIR-12 Help form only in case of cessation of director u/s 167 or 169 it will be non-stp and in all other cases it will be STP. 

And my query was disqualified director came to knew that  he is disqualified because he hold directorship in company which didnt filed forms after 2014 so he became disqualified after 3 years of non-filing i.e., 2017, but as he was having health issues and came to knew now then can other 2 companies remove him because they are compliant and because of him ACTIVE form cannot be filed. He needs to give resignation to other 2 companies and companies need to accept that or just noting in resolution that he is disqualified under section 164 (2) will suffice. It would be great if you share format of board resolution for the same.

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[CS V Kartik]

If a director is disqualified you need to vacate him u/s 167

[Priyanka Mundra]

Dear Sir,

He is required to vacate the office from all the Companies under proviso of section 167. However please clarify since it is an amendment of 2018 will it have retrospective effect? 

Thanks & Regards

Priyanka Mundra

ACS, B.A.LL.B (Gold Medalist)

Ph. No.: 8888817635

On Thu, Jun 6, 2019 at 9:19 PM CS V Kartik <karv...@gmail.com> wrote:

If a director is disqualified you need to vacate him u/s 167

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[Nagendra]

Hi,

Is Form DIR-12 filed for removal is STP or non-STP?

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?

Regards,

Nagendra

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[Prakash Nagarajan]

Ji

I am of understanding that, no amendment has retrospective effect unless specified. But if your company has disqualified directors after the amendment we can't take the stance of retrospective as the directors get covered under 167 and will have to vacate under 167.

Depending on cases, professionals take different views. 

Regards

CS Prakash Nagarajan

+91 8248 597386

+91 99766 77277

 

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Office:

 

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[Priyanka Mundra]

Prakash Ji,

Even I am of the same view that no amendment has retrospective effect unless specified. 

But before the amendment some professionals were of the view that he need to vacate the office of Company which has been non-compliant and not from all the Companies. Is it correct practice?

Thank you so much.

Thanks & Regards

Priyanka Mundra

ACS, B.A.LL.B (Gold Medalist)

Ph. No.: 8888817635

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[Prakash Nagarajan]

It was a right interpretation that time and surely not now after the amendment. Now the case is ulta. He can act only in that company and not in any other company. Old interpretation does not hold good now Madam Ji.

So better we will have to vacate him from other companies notwithstanding to prior interpretations.

Dear Nagendra, 167 & 169 are Non-STP

Regards

CS Prakash Nagarajan

+91 8248 597386

+91 99766 77277

 

DONATE ORGANS & SAVE LIVES. I AM A REGISTERED ORGAN DONOR.

 

Office:

 

Practicing Company Secretary

101-A, Ambience Avenue, 8-3-981/82, Srinagar Colony Main Road, 

Hyderabad - 500 073. Off: 040-2374 3975, 2374 4448, 

prakashna...@outlook.com

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[Priyanka Mundra]

Noted Sir. Thank You.

Thanks & Regards

Priyanka Mundra

ACS, B.A.LL.B (Gold Medalist)

Ph. No.: 8888817635

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[sangita joshi]

Thanks a lot Prakash sir for throwing light on subject. 

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