Removal of Directors Disqualification

Drafting of Writ Petition
Filing of application with the High Court
Appearances by Advocates and pleadings for the same
Filing order of High Court and pending compliance documents with Respective ROC


Who is Disqualified Director?

In accordance with the Companies Act, 2013:-

A director will be disqualified if he has failed to file financial statements or annual returns for consecutive 3 financial years; or if he has made default in payment of deposits or interest thereon, such failure in relation to payment or redemption has taken place for one year or more; or
From the date of disqualification, such disqualified director shall not be eligible to be re-appointed as a director in such company or any other company for a consecutive period of 5 years. 

What are true ways for Removal of Director Disqualification?

Now, let’s discuss the process of removal of director disqualification on the basis of two below mentioned cases;

Case 1: When Company was Active or Board wants to revive the Company
  • In this case, application will be filed before NCLT;
  • File necessary documents with the Registrar.
Case 2: When Company was not functioning nor Board wants to revive the Company
  • In case company ceases to carry out its operations, petition will be made with High Court;
  • Overdue Documents as per section 403;
  • File necessary documents with the Registrar

Main process for Removal of Director Disqualification

For the purpose of removal of director disqualification, following below mentioned steps will be taken:

  • Legalforever will draft a writ petition which will be subsequently filed with the high court;
  • An advocate will appear for the pleadings;
  • High Court will give an interim order;
  • Thereafter order of the High Court will be filed with the registrar of Companies along with the pending compliance documents;
  • DIN will be activated and disqualification will be removed
Time involved:

The whole process will take around 10 days.  Legalforever can complete the process on your behalf as we have a team of experienced professionals. 

Impact of Disqualification on Directors & Companies:-

Here are the following implications on the directors of disqualification:

  • The decision of the authority of disqualification of Directors led to deregistration of DINs of directors hence it’s jeopardized the career of directors.
  • This decision has barred disqualified directors for the period of 5 years. The directors cant became the director in a new company nor in existing company
  • Disqualified directors are not permitted to operate company’s accounts.
  • Directors are not only disqualified from the company which has not complied with the prescribed rules & regulations but also from other companies in which they are on board of directors.

With this decision there are many companies which are in trouble without any fault.

What to be done in case you don’t want to revive the Company only want to revive the DIN of Disqua


For the removal of director disqualification, a writ petition can be filed in high court.
A write petition be filed in high court to get the immediate interim relief even in case you don't want to revive the company or company is not carrying operations as well as when bank account is not available.

For removal of director disqualification, director may approach respective High Court on the ground that before taking any action against him opportunity of being heard was not provided. On the basis of the facts and circumstances of each case, high court may remove director disqualification or grant interim stay order.
Therefore we can file writ petition with the High Court under Article 226 of the Constitution of India. On this, High Court may pass stay order on the list of disqualified directors. On the basis of the stay order, the DIN and DSC of director can be reactivated by the concerned ROC once copy of the writ petition is filed with the ROC along with the stay order and cover letter.

See Our Blogs

As per proviso to section 152(3) of the Companies Act, 2013 no company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number (DIN) under section 154 or such other identification number as the Central Government may prescrib... Read More

Requirement for Having Director Identification Number

Every Form and return prescribed under the Companies Act, 2013 needs to be filed with the digital signature of the managing director or director or manager or secretary of the Company, therefore, it is compulsorily required to obtain digital signatures of at least one director to digitally sign the ... Read More

Is Digital Signatures Certificates are mandatory in case of Company registration?

The MCA vide the Companies (Amendment) Act, 2017 has inserted new section 3A w.e.f. 9-2-2018, vide Notification No. SO 630(E), dated 9-2-2018 to put liability on all the existing members of the company, in case the company defaults in minimum number of members’ criteria. If at any time the nu... Read More

What are the liabilities on members for having below minimum members’ strength?

The digital signatures are required to be registered at the website of the MCA for various category like director, professionals, etc. and need to fill up particulars online at the MCA portal, called roll check.   Without complying with the requirement of Roll Check, any documents si... Read More

Is roll checks are mandatory for Directors inMinistry of Corporate Affairs website

 There is no pre-condition for foreign promoters to furnish local address in India for seeking registration and incorporation of a limited company in India.   It was held that there was nothing in the Act or the applicable Rules which requires the foreign promoters to provide a l... Read More

No need for address in India of Foreign promoters incorporating company in India

 The liability of the member of the OPC may be limited or unlimited, and the Memorandum of Association of the OPC shall state,—   (i) in the case of a company limited by shares, that liability of its member is limited to the amount unpaid, if any, on the shares held by the... Read More

What are the Liabilities of the subscriber in case of One Person Company?

 It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by i... Read More

Can we Change in the nominee by the member of OPC?

Any such change in the name of the nominee person in the Memorandum of Association of the OPC shall not be deemed to be an alteration of the memorandum....

Change in the name of person nominated in the Memorandum shall not be deemed to be alteration in the Memorandum of Association

 It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by in... Read More

Can OPC Change in the nominee by the member of OPC?

By the Companies (Amendment) Act, 2015 effective from 29th May, 2015 the requirement of minimum paid up capital for a private limited company of `1 Lakh and for a public limited company of `5 Lakhs has been removed from the definition of the Companies under section 2(68) and 2(71) of the Companies A... Read More

Requirements of minimum paid-up capital

The objective of section 8 of the Companies Act, 2013 is to provide special benefits and privileges to such organisations, which are formed for the following purposes and where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be regist... Read More

Main condition for Section 8 Company registration

Section 8(4)(a) provides that a company that has received a licence under the section, shall not alter the provisions of its Memorandum as regards its objects except, with the previous approval of the Central Government [Powers delegated to the Registrar of Companies by Notification No. 1353(E), dat... Read More

Restriction on alteration in the Memorandum and Articles of a charitable company licensed u/s 8

Rule 6 of the Companies (Incorporation) Rules, 2014 as amended vide the Companies (Incorporation) Amendment Rules, 2015, w.e.f. 1-5-2015 provides that where the paid up share capital of an OPC exceeds fifty lakh rupees and its average annual turnover during the relevant period exceeds two crore rupe... Read More

Mandatory Conversion of One Person Company into Private Limited or Public Company

 OPC shall be required to convert itself, within six months of the date on which its paid up share capital is increased beyond fifty lakh rupees and the last day of the relevant period during which its average annual turnover exceeds two crore rupees as the case may be, into either a private co... Read More

OPC has to convert into Private or public limited company within 6 months

  The Rajya Sabha  passed the Companies (Amendment) Bill, 2020 on Tuesday. Union corporate-affairs-minister Corporate Affairs Minister Nirmala Sitharaman moved the Bill for passing in the Upper House today stating that the amendments divided into two compartments are focused on decriminalizatio... Read More

Rajya Sabha passes Companies (Amendment) Bill, 2020

See What Our Customers Say About Us