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disqualified directors

shriraam (Senior Purchase Executive) (25 Points)

09 April 2018

A company directors are disqualified. what's next , what's the solution for the company and its employee

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bharath perumal (17 Points)
Replied 09 April 2018

If the disqualification is a result of struck off by Roc u/s 248, then you have to apply a petition with NCLT for revival of the company. After all due proceedings if the NCLT ordered for revival then submit the order copy with ROC and file CODS alongwith all pending annual filing forms with ROC/MCA before 30th April to remove the disqualification of director.
30th April is the last date for filing CODS form.

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Jatin Bajaj (CS) (2930 Points)
Replied 09 April 2018

Igf the disqualification of directors occured due to defaulting companies. i.e. the Companies who failed to file the annual return or financial statement for the continous period of five years , then Director need to apply for COD Scheme. Under COD Scheme the din of the disqualified director will be reopened till April 30 2018. Till April 30 , the Company has to file the Annual return and Balance sheet along with addiitional fees and shall file form COD 1 along with fees of Rs. 30,000. if Directors of the Company failed to comply with the said provisions till 30th April 2018, then Directors of the Company shall be disqualified for the period of 5 years and cannot become director of any Company for period of 5 years.

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Mrudula M (0 Points)
Replied 09 April 2018

the company's promoters or if no promoters then central govt shall fill up the vacancy, with minimum requirement of directors. and those directors shall hold office only till the next general meeting where directors are duly appointed. section 167(3)

Mrudula M (0 Points)
Replied 09 April 2018

this reply is given with an assumption of your question that all the directors of the company is disqualified. which will lead to casual vacancy of all the directors.