It is time to get back your position

Are you a disqualified director of your company? Don't worry. With Removal of Director Disqualification, you have a chance to get back your position, and your DIN. Consult with Registration to start taking the steps to get reinstated again.

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Removal of Director Disqualification Process

Step 1
1. Drafting a Write Petition
Step 2
2. Filing your issue with the high court
Step 3
3. Send your legal representatives
Step 4
4. Obtain the final order from the court
Step 5
5. File the compliance documents and adhere to high court’s orders
Step 6
6. Get reinstated and MCA shall reactivate your DIN

Removal of Director Disqualification in India

Director Disqualification and Condonation

Director disqualification has grown quite a lot during recent times. From failed startups to ignoring to file the compliances, the  reasons for the same given by Ministry of Corporate Affairs are many. if you have prevent them, you can prevent yourself from getting disqualified.

Following are the grounds for director disqualification:

  • If the director has failed to file the annual returns and the financial statements for 3 years in a row
  • If the director has not repaid the deposits that they have taken or has not paid any interest or has not paid any   debentures. When this happens for 1 whole year, then also the director is closed.
  • The director is an un-discharged insolvent
  • The Insolvency application filed by the director is still pending
  • The director is involved in an offense that he or she are convicted of and that conviction has let to imprisonment for a   period of not less than six months.
  • A court or tribunal has passed order that disqualifies the director
  • The director holds shares of a company that has not made any payment of any such call in six months.  

When a director is disqualified, it does not affect the company due to the company’s perpetual nature. In this case, a temporary new director is hired for the time being. The other personnel of the company take this course of action after filing all of the overdue returns. Once they have fulfilled their returns up to the recent date, only then can they hire a new director.

However, what you need here is reinstatement as a director. This is a long and arduous process that you would need assistant to go through. Therefore, Registrationwala, through its experience and experts is here to assist you so that you can regain your position as the director of the company.

 

Eligibility Criteria for Removal of Director Disqualification

To remove director disqualification, the only eligibility criteria is for your director to not have any hidden reasons that can stop him or her from being requalified as your company’s director. 

 

Documents Required for Removal of Director Disqualification

The documents are different based on the state of the company:

    • In case the company was in function
      • A petition to NCLT
      • All the documents that are overdue under Section 403
    • In case the company was non-functional
      • A petition to the high court
      • All the documents that are overdue under Section 403

Documents Required for Filling Cost Audit Report Through XBRL:

  • Cost Audit Report in form CRA-3.
  • Challan of CRA-2 filed for appointment of Cost Auditor

 

Process for Removal of Director Disqualification 

  1. Drafting a Write Petition
  2. Filing your issue with the high court
  3. Send your legal representatives
  4. Obtain the final order from the court
  5. File the compliance documents and adhere to high court’s orders
  6. Get reinstated and MCA shall reactivate your DIN

How can we help you with Removal of Director Disqualification 

We, at Registrationwala provide end to end solutions for removal of director disqualification. Our services include:

  • Collection of information and starting the process
  • Drafting the application
  • Reviewing the draft and making changes if necessary
  • Representing your case in front of the tribunal. 

Registrationwala.com is a leading legal consultancy firm providing the comprehensive services relating to removal of director disqualification

Contact us now if you seek to remove director disqualification.  

 

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