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How to remove disqualification by director u/s 164(2)

CS Mayuraksha Datta (Practice) (34 Points)

09 January 2018

A person is director of two pvt ltd company. One Company is uptodate and in another company he is director with some other person.This second company was incorporated on 11/12/2009, and did not file annual return since incorporation.Now the MCA announce the director as disqualified u/s 164(2).and status of the second company is under process of striking off

Please advice what is the procedure to remove the disqualification of the director:-

(1) Filling STK-2 to apply before ROC FOR strike off the name of the company .

(2) Filling the pending annual returns and take advantage to CODS scheme. (But at the time of filling 23AC & 23 ACa & 20B, pop up message comes that you are not allowed to file the form)

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4 Replies

Savio V Simon (Student CS) (219 Points)
Replied 09 January 2018

contact roc

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Shrijay Sheth (Co-Founder) (2692 Points)
Replied 10 January 2018

The Condonation of Delay Scheme, 2018 is introduced to grant a chance to comply with all Annual Compliance requirements and subsequently removing the disqualification after payment of condonation fees as prescribed. Please refer to following blog for more details and get in touch with our experts for resolving the queries and difficulties.

Blog: Last chance to rectify Director’s disqualification status

Simply drop an e-mail at support @ legalwiz.in or call us at 89806 85509.

Shrijay Sheth (Co-Founder) (2692 Points)
Replied 12 January 2018

Update: Please note that Ministry of Corporate Affiars has completed the procedure of "reactivation" of DIN of directors concerend under this scheme. You may now file the overdue documents and forms under this scheme.

Umesh V Naig (Statutory Analyst) (452 Points)
Replied 13 January 2018

Hi savio Simon you reply is interesting , pl explore other option.

1. regarding disqualified directors , you have to appoint new director with back end as per approval of ROC , lot of documents needs to be submitted on approval by R>D you will be able to upload all the returns time limit is 3 months

2.When there is strike off - apply to the NCLT - lot of procedure - a legal authority to give you clearance for the removal of strike off and restoration

3.Three conditions to be satisfied - a ) you have to establish Income tax returns are filed for the past 3 years b ) there should be business transaction established with bank account c ) Annual return documents should have been prepared signed for uploading.. on these conditions you will get Ok

4. Other wise it is evident that the Board of directors themselves are not in continuance of business activities and ROC necessarily take right step

5. In the past somany EXIT schemes came and this is in follow up for the same