To prove not a Director of a Private Limited.
Ravi S Patil
(Querist) 10 August 2010
This query is : Resolved
A person receives a notice from Registrar of Companies for not filing Annual Returns, Balance Sheet, AGM of a private limited company in the capacity of one among the 7 Director's. On perusal of the file of the said company at RoC he comes to know who are the other Directors and tries to locate the company but at the registered address the company does not exist and even the other Directors are not traceable at their house address mentioned at the RoC. But his name appears as First Directors in the AoA and also in the 5 yrs of Balance Sheet. The subscribers to the AoA & MoA are different persons and even there is a Form 32 with respect to the appointment of Directors but signed by the subscribers. The said Directors had other companies wherein in one of the company he was a Director but later he resigned.
The said person is unaware of he being the Director in the said company of which he has received the notice from RoC.
Please tell me how he can prove that he was not a Director of the Company in issue at any given point of time?
What is the legal recourse to this?
s.subramanian
(Expert) 26 August 2010
You send a copy of the resignation letter to the registrar of companies. If there is no positive response for it,file a suit to declare that you are not a director in that company.
Ravi S Patil
(Querist) 27 August 2010
Sir,
By filing resignation letter am I not accepting that I am/was a Director of that company?
Is there any other way to get the declaration / prove that I am / was not a Director of that Company?
