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    Confusion regarding Disqualification of Directors in CODS - 2018

    Posted By : CS Gaurav / Published on : 20-Dec-2017 10:16 PM / View : 2079 / Comment : 6

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    Dear Experts, As the CODS speaks that MCA will temporarily activate DIN of the Disqualified Directors to enable the filings of the belated Annual Return and Financials for the defaulting Companies during the CODS Scheme period. However, from the reading of the Scheme, it seems that after closure of the Scheme, such DIN shall again be de-activated... !!! Member are requested to share opinion whether our understanding of the said scheme is correct ?
    Read more on : cods directors disqualification regarding confusion

    • In the event of defaulting companies whose names have been removed from the register of companies under section 248 of the Act and which have filed applications for revival under section 252 of the Act up to the date of this scheme, the Director’s DIN shall be re-activated only NCLT order of revival subject to the company having filing of all overdue documents.

      21-12-2017 / 11:26:07 AM
      Reply
    • The DINs of the Directors associated with the defaulting companies that have not filed their overdue documents and the e-form CODS, and these are not taken on record in the MCA21 registry and are still found to be disqualified on the conclusion of the scheme in terms of section 164(2)(a) r/w 167(1)(a) of the Act shall be liable to be deactivated on expiry of the scheme period.

      21-12-2017 / 11:26:30 AM
      Reply
    • Dear Shobhit,
       
      If they have filed the finacials and annual return then what ?
       
      There are no change in provisions of Sec. 164 (2), can they activate the same?
      21-12-2017 / 11:35:26 AM
      Reply
      • I think answer is no Din cannot activated for a period of 5 years.

        21-12-2017 / 12:06:37 PM
        Reply
    • I think answer is no Din cannot activated for a period of 5 years.

      21-12-2017 / 12:06:13 PM
      Reply
    • Thank you so much !

      21-12-2017 / 12:07:13 PM
      Reply
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