DISQUALIFIED DIRECTOR - CAN HE BE ABLE TO FILE ANNUAL FILING FORM OF ANOTHER ACTIVE COMPANY ??

[J K]

Dear Friends,

I have query regarding Defaulting Director of Struck-off Company (struck off by Government)

Mr. A - Director in ABC Private Limited - Strike-off by Government.

         - Director in XYZ Private Limited - Active.

With reference to above i would like to ask that whether any Director which was disqualified and his company was struck off by Government, be able to upload any other form of other company having Active Status where he is Director at present (like e-Form AOC-4/MGT-7 for Annual filing etc. of Active company).

Important Notices of MCA stated as under -

"Any person disqualified  under section 164(2) of the Companies Act, 2013 [the Act] is advised not to  act as director during the  period  of the disqualification and not to file any document or application with MCA as the same shall be summarily  rejected. However, this shall be without prejudice to the  liability of the said person for violation of section 164(2) read with section 167 of the Act including the action under section 448 r/w 447 of the wherever warranted."

Kindly guide accordingly. Thank you in advance.

Regards,

Jatin K

[CS Anuj Solanki]

According to my view he can not file another company forms also. 

[Kartik V]

No he can't

[ALPESH DHANDHLYA (PCS Ahmedabad)]

He can regularise his struck off Company by NCLT rout and then he can file for both.

Other view are accepted.

[anilparmar himmatlal]

It ought not to be so. Because if in a particular company in which all directors are disqualified, they must be allowed to file annual accounts and annual returns related forms by paying fine and then only they can apply to NCLT for compounding of offence. IF ALL THE DIRECTORS ARE DISQUALIFIED IN A PARTICULAR COMPANY, HOW CAN IT FILE FORM IN THE ABSENCE OF SUCH ARRANGEMENT?

On Wednesday, September 13, 2017 at 4:21:30 PM UTC+5:30, S K wrote:

[Ravi Raghavan Kotla]

In the below case by virtue of Section 174, The promoter irrespective of  being a director, under promoters capacity for the purpose of quorum appoint such number of directors to form quorum or call general meeting to appoint directors for reconstitution of Board. The same section also provides that he can also make application to Central Government to appoint directors on Board.

Hence the promoter under promoters capacity can appoint directors on board and proceed for calling AGM. Any other views are welcome.

Thanks,

CS Ravi Kotla

[ALPESH DHANDHLYA (PCS Ahmedabad)]

Even if the promoter appoints another Directors to re-constitute the Board,  they will not be eligible to file Form DIR 12 because while pre-scrutinising the error of Disqualification would be appeared....

[Ravi Raghavan Kotla]

In that case the Central Government shall reconstitute the board.

On Wed, Sep 20, 2017 at 6:05 PM, ALPESH DHANDHLYA (PCS Ahmedabad) <welco...@gmail.com> wrote:

Even if the promoter appoints another Directors to re-constitute the Board,  they will not be eligible to file Form DIR 12 because while pre-scrutinising the error of Disqualification would be appeared....

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[CS Alpesh Dhandhlya]

No, MCA system while prescrutinizing throughing the error of disqualification....

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Dear Sir,