Director not traceable and hence, DIN cannot be obtained.

This query is : Resolved

Guest

Guest (Querist)

07 August 2009 Fact :

1. ABC Limited has 4 directors on its board.
2. Out of 4, one director is not traceable and consequently, the company could not apply DIN for the said director.
3. The said director neither attended any meetings of the company nor involved in any activities of the company for the past many years.
4. As the DIN cannot be obtained for the said director, the company is unable to fill the details as required in Form 20B – Page 3 and file the same :

IV. Details of directors(s), Managing Director, manager and secretary as on the date of AGM or latest due date thereof

12.*Number of director(s), Managing Director, manager and secretary

Query :

Under the above circumstances, is there any best alternative to file Form 20B for the company and remove the default ?

Is there any best alternative to remove the missing director (for whom the company could not obtain DIN) ?

Thanks for the response on the matter.

Ankur Garg

Ankur Garg (Expert)
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07 August 2009 The above director (not traceable) is no more a director of your company (Deemed vacation of office).

Refer Section 283 (1)(g) of the Companies Act, 1956.