Directors disqualification under 164(2) of co.act 2013

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2015 Dear Sir,

Please clarify when to give directors disqualification letter under Section 164 to the company by the directors for the Financial Year 2014-15. It should should be given at the beginning of the year i.e, 01.04.2014 or at the end of the year i.e, 31.03.2015 for the FY 2014-15?

Thanking you in Advance.

Arpit Shah

Arpit Shah (Expert)
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08 August 2015 http://taxguru.in/company-law/effect-of-companies-act-2013-on-directors-disqualification-section-164.html

Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2015 Dear Sir,

Thank you for the reply.

But, the link which you had sent have not mentioned any date for submiting directors disqualification under Sec164 of Co.Act, 2013. please clarify the date to submit the directors disqualification with company(at the begining of the Year or at the end of the year for the FY 2014-15).

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Pratik Shah

Pratik Shah (Expert)
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08 August 2015 Hi,

The declaration under 164(2) should be given actually at the time of appointment or reappointment. It is not written anywhere in the Act that 'it should be given every year'.

But it is a general practice that every director shall give declaration for previous year at the beginning of every financial year. The one of the reasons for giving this declaration at the starting of year is that Auditor is required to make comment on this point in Auditors Report also.