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INC 22A- Disqualified directors

10 April 2019

One of the directors of our company is disqualified u/s 164(2) of the Companies Act, 2013.
As of the new form introduced by MCA so called as Active form INC 22A cannot be filed with ROC with such disqualificaton .

What are the possible ways that can be done to file this above said form?

Thanks in advance..

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5 Replies

CA Ankit R Momaya (Partner at Bhat Momaya & Associates) (2319 Points)
Replied 10 April 2019

You may ask the Director to Tender his/her Resignation and file the same with ROC and proceed with INC-22A Filing.

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KAVYASREE L (16 Points)
Replied 13 April 2019

But the disqualified director cannot be resigned...i.e he cannot sign the form DIR 11

Shweta Gupta (Company Secretary) (22 Points)
Replied 24 April 2019

For Filing INC 22A,the Director needs to get the Disqualification removed from High Court via Filing Writ Petition and thereafter can file INC 22A for his active Company.

CA Ankit R Momaya (Partner at Bhat Momaya & Associates) (2319 Points)
Replied 24 April 2019

Has the MCA has marked him as Disqualified Director against his DIN ?

sandip de (DIRECTOR) (26 Points)
Replied 21 June 2019

I have a company with two directors. One of them is diqualified till 2021 u/s 164(2). He cannot be made to resign as no other person is willing to join as director. What course of action is to be taken?