query regarding resignation of director

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Trupti Shah

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Oct 18, 2019, 6:20:31 AM10/18/19
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Hello,

can we file Form DIR 12 for the resignation of the directors if DIN of directors are deactivated due to non filing of Form DIR 3 KYC/KYC WEB? and under which section, we can file the same?

And DIR 11 is also required to be filed or not?

REPLY ME AT THE EARLIEST


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Thanks & Regards

Trupti I. Shah
Company Secretary

Shrinath Bhat

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Oct 18, 2019, 7:08:25 AM10/18/19
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If the Status of DIN is "Deactivated due to non filing of DIR-3 KYC", you will not be able to file any eform using that DIN including DIR-12. You have to complete DIR-3 KYC before filing DIR-12.

From May, 2018 DIR-11 is not mandatory. 

 
Thanks & Regards
Shrinath Bhat
B.Com, LL.B, CS
8971408308


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V Kartik

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Oct 18, 2019, 7:08:40 AM10/18/19
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No

Kartik

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Trupti Shah

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Oct 18, 2019, 7:18:59 AM10/18/19
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Sir,

thanks for the reply but i think there is some confusion in understanding.

my query is that 2 directors whose DIN are deactivated due to non filing of Form DIR 3 KYC/KYC WEB, can resign from the directorship of the company?

other directors are also available whose DIN are in an approved status so one of them can affix dsc in Form DIR 12.

IN THE ABOVE SITUATION CAN THIS BE POSSIBLE TO FILE RESIGNATION?

Shrinath Bhat

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Oct 18, 2019, 7:27:05 AM10/18/19
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Madam

The Directors can resign from the Board. But the form will not allow you to prefill using the DIN which is deactivated due to non filing of DIR-3 KYC. 

Please try filling the form. you will get an error once you enter the deactivated DIN and click on prefill. 



Thanks & Regards
Shrinath Bhat
B.Com, LL.B, CS
8971408308

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Abhishek Tripathi

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Oct 18, 2019, 8:23:48 AM10/18/19
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to your rescue MCA has come up with some amendment today only. 
Regards,
Abhishek Amarnath Tripathi | M.Com, GDCA, MCP
Administrator | TRIPATHI AND COMPANY 
Facebook Twitter Google Plus Youtube Linkedin Instagram Skype  bottom image
Landmark: Near Nanasaheb Dhamadhikari Hall 
The whole content of this email is confidential and intended for the recipient(s) specified in message only. 


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CompIncEighthAmndtRules_18102019.pdf

V Kartik

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Oct 18, 2019, 9:21:00 AM10/18/19
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That is fot Action Non compliant company. However directors whose DIN is deactivated will not be able to file DIR-12 with MCA since system won't allow.

Kartik

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Govinda Patil

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Oct 19, 2019, 2:55:32 AM10/19/19
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Agree with Kartik
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shaikh naeem

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Oct 19, 2019, 6:21:21 AM10/19/19
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in case both director disqualified then how will have to appoint new director ?

any help from new amendment notification ?
  

M/s. Naeem & Associates

Adv. Naeem Ahmed Shaikh

(B.Com; L.L.B; CS Final)

Office No.40, Level 1, Dewan Center,

S V Road, Jogeshwari (West), Mumbai - 401102

Mo.: 9768509051 Tel. No.: 022 - 40034933

 



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sheetal khandelwal

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Oct 19, 2019, 6:29:10 AM10/19/19
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Hi,

In a company having 2 directors and If both the director are disqualified and then first you will have to get one director appointed from back-end through ROC.

After that you will have to appoint second director online through filing DIR-12.

Thanks & Regards


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Premnarayan Tripathi

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Oct 19, 2019, 6:30:00 AM10/19/19
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Use section 167 for this……extract produced below;

 

Sec. 167(3) Where all the directors of a company vacate their offices under any of the disqualifications specified in sub-section (1), the promoter or, in his absence, the Central Government shall appoint the required number of directors who shall hold office till the directors are appointed by the company in the general meeting.

 

Promoters can appointed new Directors through ROC’s back office .

 

Regards,

 

CS. Premnarayan Tripathi

 

From: csmy...@googlegroups.com [mailto:csmy...@googlegroups.com] On Behalf Of shaikh naeem
Sent: Saturday, October 19, 2019 3:51 PM
To: csmy...@googlegroups.com
Subject: Re: [CSMysore] query regarding resignation of director

 

in case both director disqualified then how will have to appoint new director ?

 

any help from new amendment notification ?

  

M/s. Naeem & Associates

Adv. Naeem Ahmed Shaikh

(B.Com; L.L.B; CS Final)

Office No.40, Level 1, Dewan Center,

S V Road, Jogeshwari (West), Mumbai - 401102

Mo.: 9768509051 Tel. No.: 022 - 40034933

 

 

 

On Sat, Oct 19, 2019 at 12:25 PM Govinda Patil <gkpa...@gmail.com> wrote:

Agree with Kartik

On Friday, October 18, 2019 at 6:51:00 PM UTC+5:30, CS V Kartik wrote:

That is fot Action Non compliant company. However directors whose DIN is deactivated will not be able to file DIR-12 with MCA since system won't allow.

Kartik

 

On Fri, 18 Oct, 2019, 5:53 pm Abhishek Tripathi, <abhi...@tripathiandcompany.com> wrote:

to your rescue MCA has come up with some amendment today only. 

Regards,

Abhishek Amarnath Tripathi | M.Com, GDCA, MCP

Administrator | TRIPATHI AND COMPANY 

Trupti Shah

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Oct 19, 2019, 6:46:12 AM10/19/19
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Guys,

there are 6 directors in this company. and 2 directors have not filed form dir 3 kyc/web kyc. so that i am asking you all that can a company fire form dir 12 for resigning those directors who have not filed form dir 3 kyc/web?

Govinda Patil

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Oct 20, 2019, 6:36:34 AM10/20/19
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Yes. 
Last year when DIR KYc 3 was required to be filed, one director  out of 3  could not file as he was having two DIN  and  there was issue with name and PAN.
INC 22 A was required to be filed.
So  we  filed resignation of that director and that was accepted. Then we filed  INC 22 A for that company
so you can try that way


Govinda K Patil
Practising Company Secretary
B-2/1, Kailash Housing Society
Shastrinagar,Kothrud
Pune  411029
Cell: 9823231660





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Trupti Shah

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Oct 21, 2019, 3:15:26 AM10/21/19
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Thank you all for your valuable reply

but under which section do i need to file form DIR 12  as there are non filing of Form DIR 3 KYC/WEB KYC for two directors who are resigning from the company

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