Disqualification of directors’ sub-section (2) of section 164

Disqualification of directors under sub-section (2) of section 164.-

Notes, amendments & references (12)

1.Every director shall inform to the company concerned about his disqualification under sub-section (1) or sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed.“

(1A) Whenever a company receives the information in Form DIR-8, company shall, within thirty days of such receipt, file Form DIR-9 with the Registrar.

2. Whenever a company fails to file the financial statements or annual returns, or fails to repay any deposit, interest, dividend, or fails to redeem its debentures, as specified in sub-section (2) of section 164, the company shall immediately file Form DIR-9 , to the Registrar furnishing therein the names and addresses of all the directors of the company during the relevant financial years.

3. When a company fails to file the Form DIR-9 within a period of thirty days of the failure that would attract the disqualification under sub-section (2) of section 164, officers of the company specified in clause (60) of section 2 of the Act shall be the officers in default.

4. Upon receipt of the Form DIR-9 under sub-rule (2), the Registrar shall immediately register the document and place it in the document file for public inspection.

5. Any application for removal of disqualification of directors shall be made in Form DIR-10 and filed before the Regional Director.

Inserted vide MCA Notification dated 20.01.2023 regarding Companies (Appointment and Qualification of Directors) (Amendment) Rules, 2023. To view the Notification, Click here .

Form DIR-8 Form DIR-8 substituted vide the Companies (Appointment and Qualification of Directors) Amendment Rules, 2023 dated 20.01.2023. To view notification, Click Here . To view the revised return, Click Here

To view the return, Click Here

Form DIR-9 Form DIR-9 substituted vide the Companies (Appointment and Qualification of Directors) Amendment Rules, 2023 dated 20.01.2023. To view notification, Click Here . To view the revised return, Click Here

DIR-9 Form DIR-9 substituted vide the Companies (Appointment and Qualification of Directors) Amendment Rules, 2023 dated 20.01.2023. To view notification, Click Here . To view the revised return, Click Here

DIR-10 Form DIR-10 substituted vide the Companies (Appointment and Qualification of Directors) Amendment Rules, 2023 dated 20.01.2023. To view notification, Click Here . To view the revised return, Click Here