11 February 2009
DEAR SIR, We have a company in which noe of the director is foreigner.
he was not responding to the company from previous two years due to some disputes between and compan and him.
Now company decided to remove him by file FORM NO.32. Such form require DIN of director to whom company wants to remove.
earlier when he was director in the company there is no requirement of DIN and now company do not have enough information regarding the director, therefore company can not apply DIN of director.
reply me as soon as possible how to remaove a director without a DIN.
11 February 2009
Yes, the company can take action against the Director:-
According to First Proviso to Section 266A of the Companies Act, 1956, every Director who was appointed before the commencement fo the Companies (Amendment) Act, 2006, shall apply o ROC for allotment of DIN.
And, then, he must intimate the company about his DIN in accordance with Section 266D.
IN YOUR CASE, since the Director has not complied with the above provisions, the company may WRITE a letter TO MCA, about the same and then MCA would issue notice to the Director.
CAclubindia
