Normalising of a dormant company

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P.C. Joshi (Querist)
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23 November 2011 Dear Friends,

I need a considered view of the members on the following query.

A Pvt Ltd company incorprated in 2002 status as per MCA site is dormant.
the company has four directors none of them had filed DIN/DIn3 as such on MCA site directors are not showing.
The directors wants to revive the company and that is possible by filing DIN3
But one of the director is not cooperating and not giving any documents for getting DIn and filing DIN 3. the director's name is already coming on MOA & annual returns filed till 2003-04.

My queies are:

1. What is the procedure for normalising a dormant company
2. What is the option available with the company if one of the director is not willing to get DIN and file DIN 3.
3. Can the company file DIN 3 for three directors and inform the ROC for non cooperation by the other director. Afterall getting DIN is the individual liability of every director.

Thanks & Regards

P.C. joshi

Srirang Mahabhagwat

Srirang Mahabhagwat (Expert)
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23 November 2011 Dear Member,

1. You can get the Status normalised by filing Form 61 with an application signed by the Director attached with it. However, please note that you are required to file all the Forms up to date within 21 days or else the status would again be changed to Dormant.

2. Get the Din process completed of all the other three Directors.

3. In respect of remaining Director get a certificate from a Professional (CA, CS or CWA) saying that one Director is not co-operating so we cannot include his name in the Form 20B due to non availability of Din, but please include the name of that Director in Annual Return.Attach the Certificate along with the Annual Return

Thanks,
Please inform if something contradicts my statements.

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