Removal of Director Disqualification
- Execution of Writ Petition
- DIN Approval
- Simple & Secure Online Process
- Dedicated Professional
- Expert Lawyer Advice
- Get the disqualification removed in 15 days
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Introduction
After the existence of Companies Act, 2013, the Ministry of Corporate Affairs due to many reasons disqualified many Directors under various sections of the Act due to which many Companies came under the risk of existence and a further hamper was seen in the corporate sector of India.
The term “Disqualification” means an act of stopping the Director from taking part in activities of the business because of the breaking of Rules either by the Director himself or by the Company. Due to the Disqualification the person is not eligible for holding the office as Director in any Company till the said disqualification is removed.
After this, many aggrieved bona fide Directors were facing issues and wanted to seek a solution for the same. There are two modes of removal of director disqualification i.e. through a writ petition or through revival of company and completion of non-compliances.
Legal Window can help you with the removal of disqualification for becoming a Director just by following certain steps by providing the best assistance, timely delivery and guaranteeing the highest customer satisfaction You may get in touch with our team on call or email info@firmregistration.in.
Reason for Disqualification
- A Director who is part of the board but hasn’t filed the annual returns or financial statements for a consecutive period of three financial years.
- In case earlier an order has been passed by the court or Tribunal disqualifying the director for his appointment.
- A director convicted of any offence by the court, thereby sentenced to the imprisonment for not less than six months
- If the company fails to repay the accepted deposits by it or redeem any debentures on its due date or pay the interest due thereon or pay any dividend which is declared for one year or more
- Any director who has been convicted of any offence related to the related party transactions under section 188 of Companies Act, 2013 during the last preceding five years.
- Any person who is director and who has applied for adjudication as an insolvent or his/her application is still pending.
- If any calls are not paid by the Director in regards to the respective shares held by him or a company, whether alone or jointly.
- A person shall not be eligible to get appointed as a director in any company who was convicted of any offence and sentenced to seven years in prison or more
- If the director is of unsound mind and the competent court confirms the same.
- A Director who is an undischarged insolvent by any court.
Documents Required
- Public Notice of ROC stating the DIN of Director Disqualified
- PAN and Address Proof of the Director
Process of Removal of Disqualification
1. Complete the Application Form
2. Document Processing
3. Drafting and filing of writ petition with High Court
4. Filing of Order with the ROC
5. Activation of DIN
FAQ's On Removal Of Director Disqualification
As the Companies Act, 2013 provide the feature of separate legal entity, irrespective of the fact that a person disqualified as Director can still hold shares of any Company.
You can download the list of Director’s disqualified by clicking on the mentioned link Director’s Disqualified
The said person shall be eligible for appointment as Director in any Company and new Directors are required to be appointed in place of them in case the minimum number of Directors falls below the statutory limits.
Yes, He can still become a partner in any partnership firm or Sole Proprietorship Firm.