filing struck case disqualification directors
The appointment of a director who is a resident or citizen of China to a company's board of directors typically involves several steps and considerations, depending on the jurisdiction and the specific company's requirements including DIN Clearance from MHA.
As per the Companies (Appointment and Qualification of Directors) Rules, 2014, individuals who are citizens of the aforementioned neighboring countries require approval from the Ministry of Home Affairs (MHA) before they can obtain a DIN and become directors in Indian companies.
china citizen resident director appointment
Does the login has to be created for foreign national??
Recent Amendment in Companies ( appointment and qualifications) Rules by ministry of corporate affairs.How to get security clearance by MHA ?
As per , Notification dated 01st June 2022
I have submitted a security clearance application on behalf of an individual through the portal.
However, the status still indicates that the application is 'submitted.' Is there a specific time limit for approval, and if not, where can I raise a complaint or seek assistance in this matter?
Is there an authority or physical location where I can visit with the required documents to expedite the approval process?
I the director is of Taiwanese origion, will it be mandatory for getting security clearance
Please confirm after filing of an Application how to track approval on https://esahajmcaservices.nic.in/
How to verify for Directors Disqualification under Sec 164(2), vacation under Sec 167
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No, In case of failing of commencement of business and fileing of form INC-20A not leads to Disqualification.
According to Section 164(2) of the Companies Act, 2013, if a company fails to file its annual returns or financial statements for a continuous period of three financial years, then the directors of the company shall be disqualified from being appointed as directors of any other company for a period of five years from the date on which the company fails to file such documents.
However, in your scenario, the company has not filed Form INC-20A which is required to be filed within 180 days of incorporation to declare that the company has commenced its business. The MCA has struck off the company for non-compliance. As per the information provided, the company has not filed its annual returns or financial statements for any financial year as it has not commenced its business.
In this case, it is unlikely that the directors will be disqualified under Section 164(2) as the company has not filed its annual returns or financial statements for any financial year. However, the directors may face other penalties and legal actions for non-compliance with the Companies Act, 2013.