Disqualification of Director u/s 164

    Posted By : Chavi / Published on : 19-Sep-2017 03:48 PM / View : 1020 / Comment : 5
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    How to remove disqualification of director who got disqualified due to non filing for consecutive 3 years. The company also got strike off by the ROC. So how can we remove his disqualification apart from revival of company?
    Read more on : director disqualification

    • Dear Chhavi,

      There is no clear picture as on date regarding this apart going for revival and opting for 167.

      19-09-2017 / 10:33:29 AM
      • Can we go for compounding of offence for removing director's disqualification?

        and please tell me how a form DIR-10 for removing director's disqualification can be filed as I can't find any data related to it?

        Also please brief me the procedure prescibed u/s 167?

        19-09-2017 / 10:44:32 AM
        • As per provision of Section 441 (1) of the Act, 2013-Any offence punishable under this Act, whether committed by a company or any officer thereof, with fine only, may, either before or after the institution of any prosecution, be compounded to the extent, if default is made good. Power of Compounding of offence is with NCLT/ Regional Director/ Person authorized by Central Government. Amounts exceeding Rs 5,00,000 will be adjudicated upon by the NCLT and the amounts lesser than Rs 5,00,000 by the RD or the Central Government authorized person.

          As per the current scenario, where two lakhs companies have been struck off, where more than one lakh directors have been declared disqualified under section under section 164 (2) seems non-compoundable and under section 167 Offence seems to be compoundable for officers only. Further note that any offence under section 447[4] and 448[5] of the Act are non-compoundable.

          Who will represent the company in further proceedings, if any before tribunal, if all directors are ineligible for re-appointment under sub section (2) of section 164 of the Act?

          Dear reader would request to refer Case law: Arvind Mohan Johari v/s M/s Mohan Carlton Hotel Pvt Limited interim order dated 21/11/2016 as the case is pertaining to 'Mismanagement and Oppressions' affairs of company where all directors are disqualified under section 164(2). Final order is yet to be passed.

    • Carlton_Hotels_Pvt._Ltd_._Ors_._.pdf

      Kindly go through the above Interim Order

      19-09-2017 / 11:23:58 AM

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