Din Disqualification

 

 

The Ministry of Corporate Affairs has recently disqualified over 2 lakh Directors of companies that failed to file their MCA annual return. The recent decision by MCA has left many companies without a Board of Directors. Some Directors who hold Directorship in multiple companies have also been disqualified, even if only one of the companies failed to file MCA annual return. In this article, we look at the procedure for becoming a Director again after Director Disqualification.

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    What are the situation for  removing the Disqualification of Director?

    • If a person having Directorship in Struck off Company / Companies only.
    • If a person having Directorship in Struck off and Active Company both
    • If a person having Directorship only in Active Companies.

    How to Become a Director Again after Disqualification

    You can become a Director again after disqualification by following one of the following approaches or a combination of approaches. To become a director after a disqualification, the disqualified director may have to appeal to the NCLT and work closely with Officers at MCA for filing returns. Hence, its important to engage an experienced CA or CS or Lawyer immediately after disqualification to resolve the matter.

    Process & Timeline for Restoration of DIN

    In the first step we will draft a writ petition which will be subsequently filed with the high court;

    An advocate will appear for the pleadings;

     

    High Court will give the interim order;

    Thereafter order of the High Court will be filed with the registrar of Companies along with the pending compliance documents;

    DIN will be activated and disqualification will be removed

     

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