Chirag Jain (Article) (4 Points)
01 December 2016Hi,
There is a private company (for eg 'A') which has no transactions since 2009 and has also not filled it's Annual Returns to ROC from the year 2009. Since the Director is disqualified u/s 164(2), will be the director also be disqualified from being a director in a new private company (for eg 'B') . The new company ('B') was incorporated in the year 2012. Will be the directorship in company 'B' be void since the year 2012?
ankita gandhi
(student)
(5908 Points)
Replied 01 December 2016
Chirag Jain
(Article)
(4 Points)
Replied 01 December 2016
Thank you for your answer but just wanted to know what if the defaulting director becomes a director in the new company ('B') before 3 years from the default of old company ('A')?
Jatin Bajaj
(CS)
(2930 Points)
Replied 02 December 2016
ACCORDING TO SECTION 164(2) OF THE COMPANIES ACT 2013 PROVIDES THAT NO PERSON WHO IS OR HAS BEEN THE DIRECTOR OF THE COMPANY WHICH HAS NOT FILED FINANCIAL STATEMENTS OR ANNUAL RETURNS FOR ANY CONTINOUS PERIOD OF 3 FINANCIAL YEAR OR MORE SHALL NOT BE ELIGIBLE TO BE REAPPOINTED AS DIRECTOR OF THE COMPANY OR APPOINTED IN ANY OTHER COMPANY FOR THE FURTHER PERIOD OF 5 YEARS FROM THE DATE ON WHICH THE SAID COMPANY FAILS TO DO SO
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