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DIR 11 & DIR 12

Pushpraj (student) (169 Points)

10 March 2022

In a private Ltd company with 3 director.
All the 3 DIN of the directors is deactivated due to non filing of KYC.

Query 1) One of the director wants to resign and form new company with other person. So, By filing only DIR 11 did he face any future disqualification Issue ?

Or

He should file both DIR 11 & DIR 12 ?
But the problem is other 2 director are not interested to run the company.

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3 Replies

Chirag (Professional) (1979 Points)
Replied 11 March 2022

No ,KYC is must for ,deactivated din holder can neither resign from old company nor appoint in another company, Filing also can't be happened with deactivated DIN ,All directors has to complete their KYC ,DIR 11 is optional and MCA registry updates purely on the basis of DIR 12 , disqualification is on the basis of certain parameters and biggest one is non filing of annual accounts ( MGT 7 & AOC 4 ) including other one ...So directors has to complete KYC first then hold BM to accept Resignation and then file DIR 12

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Pushpraj (student) (169 Points)
Replied 12 March 2022

Thanks for replying.

But Whether the Director resignation is valid if one director out of 3 directors in a private limited company has filed DIR 11 form with ROC but the company has not filed DIR 12 form with ROC ?

Further if the company didn't file their book of accounts with roc i.e AOC 4 and MGT 7 in future, does it attract disqualification u/s 164(2) of companies act 2013 to the director who has resigned.

Chirag (Professional) (1979 Points)
Replied 12 March 2022

DIR 12 is mandatory,DIR 11 is optional , If company failed to file MGT 7 and AOC-4 for 3 consecutive years then current directors will be disqualified....subject to 3 yrs not completed