Disqualified directors

[Sirajuddin sinan]

Whether disqualified directors can start a LLP? 

Regards 

CA Sirajuddin 

On Fri, Aug 3, 2018, 16:19 CS SANDIP LATHIYA <pcssa...@gmail.com> wrote:

nOT POSSIBLE AT THIS TIME.

 

--  “IF YOU THINK COMPLIANCE IS EXPENSIVE, TRY NON-COMPLIANCE” Best Regards.....!!! Cs Sandip Lathiya Practising Company Secretary Contact:- Email Id:- pcssa...@gmail.com Whatsapp Contact No:- +91 96246 40038 Hike Contact No:- +91 96246 40038

On Friday, 3 August 2018 3:22 PM, Naresh Kumar <upret...@gmail.com> wrote:

Dear Members

Can anyone please share the draft docs of conversion of LLP into private limited company. 

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--Thanks & Regards--

NARESH KUMAR

CS, LL.M.

MOBILE- 9910683177

 

 

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[Tanvi Aggarwal]

their din remains inactive.

how will you start?

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Regards

Tanvi- Aggarwal
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[Peer Mehboob]

The disqualification under Section 164(2) provides for the absolute restriction on appointment of disqualified director in other COMPANY for five years. Hence, literally, such director can be appointed as partner in partnership firm or as designated partner in LLP. But technically, the DIN of such director would have been deactivated, hence he can not be appointed in LLP also. 

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[CS V Kartik]

Technically speaking, disqualification of directors only applies to Companies Act & not LLP Act. Hence he can be appointed as a designated partner in LLP

[Peer Mehboob]

Yes, disqualified director is not restricted to be appointed as designated partner in llp. He can be appointed but since his din would have been deactivated if disqualified by mca, then his din cannot be used for his appointment as designated partner in llp.

On Fri 3 Aug, 2018, 9:00 PM CS V Kartik, <karv...@gmail.com> wrote:

Technically speaking, disqualification of directors only applies to Companies Act & not LLP Act. Hence he can be appointed as a designated partner in LLP

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[Sirajuddin sinan]

Since DIN of disqualified directors  is disabled, is it possible to file their DIR-3 KYC ?

Thanks and regards 

Sirajuddin 

[CS V Kartik]

Yes KYC is mandatory for disqualified directors also & MCA will only KYC form (for disqualified directors) to file..