Directors Disqualification under companies act 2013
Director disqualification under false or unintentional circumstances has become a menace for the directors of companies. To understand this, we must understand all ways of disqualification. A director is a person who plays an important role in a company by handling the organization’s affairs. Many people may have queries or may not be aware of the director’s disqualification. When a company director gets ceased to function from these works like promoting, forming, or running a company, this may lead to the director disqualification and occurs when the announced person is found unethical of legal responsibilities. Liquidation, Receivership, or Administrations are common among the companies and they go through these aspects. In case of any misconduct or any other issues, reports can be made by checking officers to the Insolvency Service.
After filing a lawsuit against the transgression it should be registered to get an insolvency order. Director disqualification injunction can be ultimate of 15 years and a minimum of 2 years of time duration. The period of disqualification depends on the inappropriate conduct, the court decides the kind of judgment to be given for the disqualification. Even a director can ask for his disqualification if he/she feels that there would be a court case under his/her name, in this case, he/she can ameliorate his/her disqualification period or he/she may have a minimal amount of penalties. It is the best way to make a defense through advocate support before there is filing for disqualification. And the director should give the reasons why he/she acted the way they did. By chance, if the lawsuit is submitted, then one can counter-counterattack by issuing a written statement of truth before the trial and this may help the director to reduce the consequences. When the directors have failed to obey the regulations which are mentioned under section 164(2) and 167(1)(a) of the Act.
Directors Disqualification –
Disqualification of the director is not something anyone wants. One can guarantee that if it does not go on better to defend yourself when you get listed for disqualification. In conformity with section 164(2)(a) of the Companies Act 2013, any person who is or has been a director of a company that has not filed financial statements or annual returns for any continuous period of three financial years, then he/she shall be ineligible for reappointment as a director of that company or ordained in another company for five years from the duration on which the told corporation ceases to function to so. There exist additional explanations as well through which a personal person can be disqualified to be a Director, particularly the directors are disqualified under this requirement only and in additional layman language. A person shall be disqualified to be a Director for five years if the company in which he/she is or was a director who had not documented financial statements before.
Are you scared that you may get disqualified as a director? If you are facing disqualification, there are many things a director can do. Find an advocate who could help you in dealing with disqualification and minimizing the penalties. As The Company act, 2013 does not provide any corrective measure for the removal of disqualification, accordingly, the foremost and convenient option is to change positions to the Honorable high court for the deportation of director disqualification with jurisdictional viability that is under ROC. The director is disqualified, but accordingly again under this alternative, the various decent high courts have several precedents and impressions in this concern. Further, the invitation with the respected high courts is existing filed under article 226 of the Indian legislation under Writ jurisdiction to pursue consolation. The Companies Act 2013 under section 164 provides the requirements for the disqualification for the petition of the director. In agreement with the Companies Act 2013, Section 164 is favorable in the direction of disqualification for a nomination of the director.
Conclusion-
No person who is or remembers existed a Director or a company that has not documented financial statements or annual recoveries for any lasting period of three years shall be eligible towards prevailing reappointed as a director of that company or nominated in other corporations for 5 years from the date on which the announced company fails to do so under Section 164(2). This category bargains with the disqualification of directors. It asserts that when the company remembers not filed monetary statements or annual returns, for any three straight years, it will subside on the disqualification of its governors for five years. By the way, section 164(2)(a) of the companies act, 2013, any person who has been a director of a company that has not filed financial statements or annual returns for any consecutive period, the administrator shall be ineligible for reappointment as a director of that company or appointed in another company for five years from the said company fails to do so.