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    Directors disqualification in case of Struck off by MCA for non filing of INC-20A

    Posted By : SHALU / Published on : 04-Jan-2023 02:26 PM / View : 141 / Comment : 1

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    Company incorporated in 2019, company does not file INC-20A within 6 months of incorporation and failed to commence its business. MCA Strike Off the company , but my question is directors will be considered as disqualified ? 

    Presently directors DIN is active and they want to incorporate a new Company , so is it possible ? Please give light on my query 
    Read more on : filing struck case disqualification directors

    • 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.


      31-03-2023 / 11:06:37 AM
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