Becomin director from back date to regularise
Sonia Gill
(Querist) 25 September 2013
This query is : Resolved
I AM Sonia from Gurgaon. My firm is a Pvt Ltd firm which deals with export of garments and handicrafts. This is a 15 year old firm. This firm was started by and promoted by Mr. & Mrs Vachhani who migrated to south Africa about 8-9 years back after transferring shares to my husband and his friend who were working for him. Now my husband died 3 years back due to accident and another director is also not intrsted in continuing with us. The company is not doing any business for the last 10 years and does not have any assets also. Now, I am told by my daughter that I should close this company. I checked with Mr. Vacchani but he has expressed not to sign any document as he thinks suddenly after so many years I have asked so he is afraid of any legal problem. He is now ignoring my calls also. Mr. Ramesh, another director who was with my husband is also not helping me. He says he will not sign any papers, documents etc. as he has stopped coming to our place 4 years back around my husbands death. My company has not filed balance sheets/ annual returns and other papers in the website and the Auditor who has not been paid also not taking any interest. Can I hire another CA and do the filing work which is required and also can I make my brother a director from a back date i.e. from 2008-09 onwards and I also become director to file documents. Some one suggested I can file my DIN now, and become director from 2008 so that I can sign the papers, balance sheets etc and regularise the company. The company status is dormant.
I am very disturbed as I want to live in peace and dont want anyone knocking my door with some notice or summons after-words. I am helpless as being a single mother people rather try to take advantage than help. Please help me....
DR.VEDULA GOPINATH
(Expert) 27 September 2013
madam
You are neither a director nor a shareholder of the private limited company.
The company has not filed annual accounts and returns for ten years. The Board consists of one director.
Hence the company is a defunct company and the name can struck off by the ROC.
Now you need not do anything except not worrying and not thinking about this company.
For more peace of mind please do contact me
regards
dr vedula gopinath
advocate high court
vgnath@gmail.com 09848227926
Sonia Gill
(Querist) 27 September 2013
Sir, I appreciate your help, but I recieved a letter on my husbands name at my home for not filing documents as well as I want to close the company and clear my husband's name from any violations. In this connection, I want to become director. Moreover, there is about 10 lacs of amount in bank lying idle for over 4 years and about 70 lacs of assets including equipment and machinery which needs a disposal, as I am paying rent on regular basis. Can I become director from back date and do all filing....
Sonia Gill
(Querist) 27 September 2013
I am thankful for your advise.
