DIN Lapsed- Query

[Kapil Dudeja]

Dear Members,

Please help in following situation;-

The are no authorised signatories showing in the master data of a private company. 

One of the director was expired in year 2007.

 Only one director was carrying the business of the company since then. 

Can I file DIR-3C for the one director so that the details of that can be Updated in master data on MCA portal & take Din today for other director & appoint him backdated from 2007.

[Ramaswami Mohan]

1. I feels that u need to file DIR 5 for the deceased director, and surrender his DIN.

2. You need to look out for a person who has a DIN and is willing to join and associate with ur client company as a Director with effect from old date in 2007 just before the death of the director. you cannot appoint a director on back date, taking DIN now.

regards,

Mohan

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CS. R.  Mohan
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[Ramaswami Mohan]

as far as the continuing director is concerned, yes u have to comply with DIR 3 KYC requirement asap,

regards,

Mohan

[Kapil Dudeja]

Thanks sir for helping.

One more thing can  I file  DIR-3C when there's no signatory is showing in master data. 

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CS. R.  Mohan
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[Ramaswami Mohan]

DIR 3 KYC has nothing to do  with company or its master data and status of the company etc.

it is obligatory on the part of every individual holding DIN number to complete his KYC , wether he is in india or abroad ; and where he is a defaulter under Co Act 2013 or not.

If KYC is not complied then the DIN will be deactivated on and after 1st Sept 2018.

regards,

Mohan

On 5 August 2018 at 05:41, Kapil Dudeja <kapil...@gmail.com> wrote:

Thanks sir for helping.

One more thing can  I file  DIR-3C when there's no signatory is showing in master data. 

On Sun 5 Aug, 2018, 5:40 PM Ramaswami Mohan, <hkr....@gmail.com> wrote:

1. I feels that u need to file DIR 5 for the deceased director, and surrender his DIN.

2. You need to look out for a person who has a DIN and is willing to join and associate with ur client company as a Director with effect from old date in 2007 just before the death of the director. you cannot appoint a director on back date, taking DIN now.

regards,

Mohan

On 5 August 2018 at 04:04, Kapil Dudeja <kapil...@gmail.com> wrote:

Dear Members,

Please help in following situation;-

The are no authorised signatories showing in the master data of a private company. 

One of the director was expired in year 2007.

 Only one director was carrying the business of the company since then. 

Can I file DIR-3C for the one director so that the details of that can be Updated in master data on MCA portal & take Din today for other director & appoint him backdated from 2007.

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CS. R.  Mohan
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[Kapil Dudeja]

Sir,

I am asking about DIR-3C & not DIR-3 KYC.

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[Ramaswami Mohan]

Oh Sorry Mr. Kapil Dudeja . i mistook your query.

i think the co has to file DIR 3C, and u can do it. in fact the co should have done it.

pl see the following link:

https://abcaus.in/companiesact2013/DIN/amendment-allotment-rules-forms/directors-identification-number-dir-3-dir-3A-dir-3B-dir-3C.html

but pl check procedure as to how u will update the MCA master data to bring the name of the only director as an authorized signatory, for this I think you need to contact the MCA officials and request them to do the needful,

regards,

Mohan

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[anilparmar himmatlal]

Dear Sir

So far as deceased director is concerned, file the necessary form most probably DIR-12 by attaching the pdf of his dealth.

This will be enough. There is no necessity to surrender his DIN as surrender, in my opinion, applies to only living directors.

Regarads

anil parmar

[Kapil Dudeja]

Dear sir,

Thanks for replying. My concern is :-

1. How should I file Annual returns of before 2007 since deceased director is not holding any DIN & can I file a fresh din of some other person & appoint him director before 2007.

2. Whether through DIR-3C is it possible to update signatory in master data of surviving director?

At present client is facing penalty of Rs. 3000/ day due to non- filing of returns.

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