September 08, 2017

Defaulting Directors - Beware!!!

On 7th September, 2017, the Ministry of Corporate Affairs has issued 2 lists: (1) list of disqualified directors u/s 164 (2)(a) of the Companies Act, 2013; and (2) list of directors associated with struck off companies u/s 248 of the Companies Act, 2013.
 
Both the link(s) are provided herein below for ready reference.
 
This exercise currently seems work-in-progress for most jurisdictions, but it may complete soon. Presently, a notice is placed on homepage of MCA website, read as under:
 
“Any person disqualified under section 164(2) of the Companies Act, 2013 [the Act] is advised not to act as a director during the period of the disqualification and not to file any document or application with MCA as the same shall be summarily rejected. However, this shall be without prejudice to the liability of the said person for the violation of section 164(2) read with section 167 of the Act including the action under section 448 r/w 447 of the wherever warranted”.
 
Earlier in July, the Ministry had issued notice(s) to various companies pursuant to sub-section (5) of section 248 of the Companies Act, 2013 and rule 9 of the Companies (removal of names of companies from the register of companies) Rules, 2016, and accordingly, about 2 lakh companies were struck off from the register of RoC. The link for the same is provided herein below for ready reference: http://www.mca.gov.in/MinistryV2/stk7publicnotices5.html
 
For any details and clarifications, please feel free to write to:
 
Mr. NPS Chawla[email protected]