Director disqualification

Taral Narendra Shah (Querist) 12 May 2015 This query is : Resolved
If one person is director in 5 Pvt Ltd Companies and out of these 5 Pvt Ltd Companies, 1 Pvt Ltd Company has defaulted in filing balance sheet and annual return continuously for 2 and more years than whether that director will disqualified as stated in section 164? Further this director DSC is not accepted by MCA website while filing balance sheet and annual return of other 4 Pvt Ltd Companies.

Please guide and Thanks

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Guest (Expert) 12 May 2015
Please state the real problem with your direct concern, if any, with the issue.

Taral Narendra Shah (Querist) 12 May 2015
I am auditor of a Pvt Ltd Company and one of the director of that Pvt Ltd Company is also director is 5 other Pvt Ltd Company. Out of 4 other Pvt Ltd Companies 1 Pvt Ltd Company has defaulted in filing balance sheet and annual return continuously for 2 years and this is a third financial year than whether that director will disqualified as stated in section 164? Further DSC of this director is not accepted on MCA website while filing balance sheet and annual return of a company of which i am auditor

Guest (Expert) 12 May 2015
Dear Taral Narendra Shah,

First you will have to decide whether you want to treat the existing director of the company, as disqualified on account of his disqualification in another company or you are faced with the question of his fresh appointment as director in the present company?

T. Kalaiselvan, Advocate (Expert) 15 May 2015
Well advised by expert Mr. Dhingra.

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