Disqualification of director as per section 164

This query is : Open

meena (Querist)
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13 June 2014 According to section 164 of Companies Act 2013" No person who is or has been a director of a company which—
(a) has not filed financial statements, or
annual returns for any continuous period of three financial years;"

We want to incorporate a private company in which there are three proposed Director who are promoters also,but after filling INC-1, It comes our notice that one promoter/proposed Director is disqualified because he has been a director of a company which not filled annual returns for more than three years.
Now my question is how we can rectify this mistake as we have given the name of aforesaid person as proposed director of proposed company.

Hitendra Jain

Hitendra Jain (Expert)
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17 June 2014 UNLESS CERTIFICATION OF INCORPORATION NOT RECEIVED THE COMPANY CAN NOT HAVE ITS EXISTANCE.
FORM INC-1 OR 2 IS FOR RESERVATION OF NAME AND NOT REQUIRED ANY DECLARATION ABOUT QUALIFICATION OF DIRECTOR OR APPLICANT. ALL REQUIREMENT ASKED IS FOR NAME RELATED PROVISION ONLY.
QUALITY / ELIGIBILITY OF DIRECTOR IS DECLARED UNDER FORM INC-9, AND DIR-2.
IF INC7 AND OR DIR12 IS NOT FILED THEN FIRST FILE 20B, 23AC AND 23ACA OF THAT COMPANY AND THEN FILE INC7 AND DIR12. IF INC7 OR DIR12 HAS FILE THEN CONDITION IS WORSED BUT ONE SHOULD FILE DIR12 WITH REMOVAL OF SUCH DIRECTOR.