INC 22A

[Kavita Padia]

Dear Friends

In one of my clients' company 2 dirs are disqualified, rest all have approved DIN...

Now for filing of INC 22A my client is suggesting not to mention their names in INC 22A form and proceed for filing...I was asking them to file dir 12 for disqualification of director and remove them from directorship but they are not ready to do that

How to tackle such situation when I have to certify the form and I am not sure whether the system will pop up if details of disqualified directors is not filled in the form

Kindly share your views

Thanks

Regards

CS Kavita Padia

[Jayalakshmi M]

Mam, 

You have to explain to the client that only when all the directors din are in active status, the form will allow you to complete it. The wordings are given below the directors row itself in the form. Show that to them for clarifying. DIR 12 has to be filed for removing the disqualified directors. Then only you can certify the form. 

Thanks & Regards
CS Jayalakshmi M

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[Manoj Sharma]

Instead, you may file their resignation.

[Ramaswami Mohan]

have these 2 directors not filed their DIR 3 KYC in 2018 ?

have these 2 directors attended at least 1 board meeting in the last 1 year.?

if they have not attended 1 board meeting at least then they automatically get disqualified and they vacate their office. however for this you should attach board meeting notices sent to the 2 directors by regd post and their acknowledgements for having received them etc. follow the procedure.

Otherwise u will not be able to file FORM 22A 

regards,

 

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CS. R.  Mohan
Mobile: 9908814677

[Prakash Nagarajan]

Greetings

CS Jayalakshmi madam was right. Please file DIR-12 on grounds of vacation prior to filing INC-22A. Filing on grounds of resignation is not possible for disqualified directors.

Regards

CS Prakash Nagarajan

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[Kavita Padia]

Thanks all for your views