Disqualification of director u/s 164(2) for non-filing of annual forms within the due date
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Radhika /
Published on :
23-Oct-2017 05:10 PM /
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Section 164(2) No person who is or has been a director of a company which—
(a) has not filed financial statements or annual returns for any continuous period of three financial years; or
(b) .....
shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.
In the above context, if a company has filed the financial statements or annual returns after the due date with additional fees in the last two years and is unable to file the current year's financial statement within the due date, will the directors get disqualified
Read more on : forms within date annual filing director disqualification
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See, the disquaification in the said section arises when the Company has not filed FR/AR for Continous period of 3 yr (s).
Hence in your case Company filed the forms in previous yrs whether after due date, hence Directors will not be disqualified pursuant to said provsion
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