Removal of Disqualification of Directors

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Required Documents

  • Copy of the Disqualification List from the MCA portal
  • Copy of DIN and DSC details
  • Copy of Notice of Strike Off (if applicable)
  • Affidavit and Undertaking by the director
  • Board Resolution authorizing filing of the petition (if company active)
  • Annual Returns (MGT-7) and Financial Statements (AOC-4) of the defaulting years
  • Income Tax Return of the director
  • Identity Proof (PAN, Aadhaar, Passport)
  • Address Proof (Utility Bill, Bank Statement, etc.
  • Proof of remedial actions taken by the company
Advantage

Process of Removal of Disqualification

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FAQs

It means suspension of a director’s rights to act as a director due to non-compliance or default by the company.

Under Section 164(2) of the Companies Act, 2013.

Non-filing of annual returns or financial statements for three consecutive years or non-repayment of deposits, debentures, or interest.

By filing a writ petition in the High Court or applying for revival of the company through NCLT.

Ideally within 3 years from the date of disqualification notice or publication by ROC.

No. Once disqualified under Section 164(2), the person cannot act as a director in any company.

Strike off refers to removal of the company’s name, while disqualification affects the director personally.

No. It requires a court or tribunal order to remove or stay the disqualification.

The DIN is deactivated, preventing any filings on the MCA portal.

No, applying for a new DIN while disqualified is not permitted.

Yes, due to the legal drafting and representation before court, engaging a CS, CA, or lawyer is essential.

Yes, after revival of the company through NCLT, the director can apply for restoration of eligibility.

The director cannot hold office in any company or participate in compliance filings, which may attract penalties.

It is used to file the certified court order for removal of disqualification with the ROC.

Usually 3 to 6 months, depending on the jurisdiction and court schedule.

Yes, there are government filing fees and professional charges involved.

You can challenge it in court with proper documentary evidence.

Yes, if the reason and company of default are common.

Yes, unless the director defaults again in future.

BizGlobal assists in the entire legal and procedural process — from drafting petitions to court filings and ROC compliances — ensuring complete removal of disqualification and reactivation of director status in the shortest time possible.