Query regarding Disqualification and Deactivate status of directors
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Trupti Shah
Apr 17, 2019, 5:15:12 AM4/17/19
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Hello,
One of my client company is having 7 Directors and it is a private limited company. Now we came to know that one of the director is disqualified by ROC u/s 164(2) and one more director's DIN is deactivated due to non filing of Form DIR 3 KYC.
So here my question is that can i complete resignation process for both the directors in a current date like on 16-04-2019? ...is it possible as I need to file Active E-Form and due to these two issues, I am not able to file Active E- Form at present.
guide me at the earliest.
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LALANA KINI
Apr 17, 2019, 5:28:03 AM4/17/19
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Dear Ms.Trupti,
Get resignation from the disqualified director and file DIR 12 and file DIR 3kyc with penalty of Rs.5000 for other director .
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Trupti Shah
Apr 17, 2019, 5:29:22 AM4/17/19
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But Company or that Director, both don't want to pay penalty.
they are ready for resignation process.
LALANA KINI
Apr 17, 2019, 5:33:42 AM4/17/19
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then file dir 12 for resignation
Trupti Shah
Apr 17, 2019, 5:36:07 AM4/17/19
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ok but in above my two cases of disqualification and Deactivation, can i file all the forms
DIR 12 AND DIR 11 in a current date?
CS V Kartik
Apr 17, 2019, 11:37:40 AM4/17/19
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Yes you can. DIR-11 is not mandatory
Pcs_sandip Lathiya
Apr 17, 2019, 11:04:42 PM4/17/19
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Prefill will not possible in the form of Dir11 of disqualified directors
On Wed, 17 Apr 2019, 21:07 CS V Kartik, <karv...@gmail.com> wrote:
Yes you can. DIR-11 is not mandatory
Ramachandran V
Apr 18, 2019, 2:51:00 AM4/18/19
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in case of director disqualified u/s 164, you have to vacate him from the office of Director and file form DIR-12 in that regard
in case of director disqualified due to non filing of KYC form, you have to do the KYC first paying Rs.5000/- and then have him resign
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