private limited co. - DIN for directors unknown
Raja Rajeswari S
(Querist) 29 October 2009
This query is : Resolved
Dear members,
kindly clarify me on the following:
A private ltd co. incorporated on 2004 has four directors as mentioned in the articles as first directors. Among the 4 directors, 2 directors have got the Din no. and the remaining two directors have absconded without intimating the DIN no to the company.(whether they have a DIN is unknown).
The co. in the annual return for the year 2008 filed the Form 20B with the din no. of 2 directors and in the Sch V 4 directors details were given.
The co. wants to cease their directorship. they do not hold any share. .how to file Form 32 for those 2 directors for their cessation?
while filing Form 20B for the year 2009, Can the co. show only the details of 2 directors alone in the Schd V, intimating the ROC that no din was intimated, hence Form 32 for cessation was not filed?
Plz do clarify,
regards
RAJA RAJESWARI S
R.R. KRISHNAA
(Expert) 29 October 2009
Refer section 253 and its allied provisions (266D-266G) of the amended Companies Act.
Every existing director within 1 month of receiving Director Identification Number shall intimate to the company. Every company within 1 week shall inform to the registrar the receipt of Director Identification Number.
Any violation of Director Identification Number provisions, is punishable for Rs.5000/- fine.
As the two directors have failed to inform comply with the provisions of informing the company and the registrar the DIN number they have to face the punishment as stated above.
I suggest you to inform the situation to the registrar of companies immediately and follow his further instructions. You can also lodge a police complaint about the absconding directors.
