Regarding filing dir 3kyc

[LALANA KINI]

Dear Members

If a director not filing DIR 3kyc intentionally can we file DIR 12 to vacate him under vacation of director , Pls suggest

Regards

Lalana

[CS V Kartik]

Once his DIN is deactivated for non filing of KYC, the system will not allow you to file his DIR-12 or any form pertaining to DIN.

Kartik

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[LALANA KINI]

Yes Kartikji, so as he is not supporting can we remove him under cessation , automatic vacation of director 

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[CS V Kartik]

You cannot because the system will not allow you to prefill his DIN if it's deactivated due to non filing of KYC.

Kartik

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[LALANA KINI]

OK

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[Kavita Padia]

I think in case of resignation or cessation Din can be prefilled even if kyc not done 

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[Sharma Nitesh & Associates]

Resignation of Directors related form DIR-12 , you can file, but appointment can not make with such Deactivated DIN.

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[Pooja Rohada]

yes DIR -12 for resignation can be filed without dir -3 kyc

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[LALANA KINI]

Dear Members

Thanks for the suggestion. But pls  advise can we remove the director under vacation of director is he is not supporting to file his DIR3 KYC WEB , as we cannot file DIR 12 for appointment of other directors as INC 22A pending due to non filing of DIR 3kyc of director 

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[Rajesh]

Lalanaji,

You cannot remove him for that particular reason (for the reason of not updating his DIN KYC).

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[LALANA KINI]

Thanks Rajeshgaru

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[Pankaj Khandelwal]

Its an individual level compliance and please also analyse the impact of Non-compliance of DIR KYC on the Company. To my experience, filing of any form by a Company (after one of the directors had become not complaint) was not impacted.

Should Deactivation of DIN also be the ground for vacation under the law?

Regards

Pankaj Khandelwal

con...@cspankaj.in

[LALANA KINI]

Dear Pankajji

Due to non compliant of one director we cannot file INC 22A due to which we were not able to file DIR 12 for appointment of other directors, SH7, PAS 3 .

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[Rajesh]

Non-cooperation of the Director (on purpose) can very well be a ground for his removal.

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[LALANA KINI]

Thanks Rajeshji

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