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Removal of Director's Disqualification


Removal of Director's Disqualification

E-tax Removal of Disqualification Services
  • Preparation of Petition for removal of disqualification
  • Filing of petition with NCLT / High Court
  • Making representation before appropriate authority
  • Obtaining stay order and filing it with ROC
  • Activation of Director’s DIN
  • Filing of all pending ROC compliance forms at MCA

Grounds for Director’s Disqualification

A director stands disqualified where he/she:

  • Has been declared as a person of unsound mind by a competent court.
  • Is held to be an undischarged insolvent.
  • Has applied for insolvency, but application still stands pending.
  • Has been convicted of an offence involving moral turpitude or otherwise and has been imprisoned for at least six months.
  • Has not paid calls with respect to shares held by him of any company held by him, and six months has elapsed from the last date for call payment
  • Has been convicted of offences involving related party transactions at any time during the last preceding five years.
  • Has failed to acquire a director identification number (“din”).
  • Is director of a company that has either failed to file annual returns for last 3 years or failed to redeem debentures or pay interest / dividend / deposits for over a year

Consequences of Disqualification

Once a person is disqualified he/she:

  • Will not be eligible for being appointed as director of any company for a period of 5 years
  • Shall vacate the offices of all companies
  • Would not be able to discharge his duties and DIN will be deactivated

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