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Disqualification of Director

Rahul Rustagi (Student CA Final ) (310 Points)

28 November 2018

A director has been disqualified under 164(2) due to non filing of Financial statements/ annual return. How can this disqualification be removed..??

Also, is the company other than the company whose financial statements has not been filed required to file DIR-9, Intimation to ROC regarding disqualification of director.

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5 Replies

Sudhir Todkar (CS Professional) (1021 Points)
Replied 28 November 2018

In my opinion, It cannot be removed once he / she has committed such default. He has to wait for 5 years from such default in order to reappoint or appoint as a director in the company.

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Rahul Rustagi (Student CA Final ) (310 Points)
Replied 28 November 2018

Sudhir ji , I am aware of one way that a director has the option to file writ petition for removal of disqualification.

I wish to know is there any other way to remove the disqualification of a director.

Vatsla Alagh (1545 Points)
Replied 29 November 2018

People are filing writ petition for removal of disqualification. There is no other way out. And those who are not going by this way are appointing directors from back-end so that operations of company doesn't suffer

Rahul Rustagi (Student CA Final ) (310 Points)
Replied 30 November 2018

Can we complete the annual filing of the said company using DIN of the other director or not since a professional was saying that DIN of all the director cannnot be used for annual filing of the company...??

Please suggest.

Thanx in advance