ACTIVE Filing to ROC
Posted By :
Rajesh /
Published on :
27-Apr-2019 11:01 AM /
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439 /
Comment :
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We have one company in which there are three directors out of which one is dis-qualified and due to this, we are unable to file eForm INC-22A.
Please suggest me that whether we can file resignation or if there is any other way. Thanks in advance.
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As per Companies Act, 2013 Section 167, disqualified director shall consider as vacant from all the Companies from the date of disqualification.
Therefore, in case there is any disqualified director appearing in master date of Company, Legally he can’t continue as director due to Section 167. All the work done by him during disqualified periods shall be considered as void and he was not allowed to sign any documents as director.
Therefore, one can opine that Company have to First file e-form DIR-12 for cessation of disqualified Director and then company shall be allowed to file e-form ACTIVE.
Thank you.