Directors disqualified u/s 164 (1) of Companies Act, 2013 must file form DIR 8

Notification No. G.S.R……(E)., Dated 20.01.2023

The MCA has amended the Companies (Appointment and Qualifications of Directors) Rules, 2014. The amendment requires that directors disqualified under section 164(1) of the Companies Act must also file Form DIR-8 with the company. Earlier, the DIR-8 was required to file in case of disqualification under section 164(2). Further, the company is required to file Form DIR-9 with RoC within 30 days of receipt of DIR-8. Various changes in forms are also notified.

As per section 164(1) of the Companies Act, 2013, a person is disqualified to be appointed as a director of the company in the following cases–

(a) Person is of unsound mind and stands declared so by a competent court;

(b) Un-discharged insolvent;

(c) Person who has applied to be adjudicated as insolvent and his application is pending;

(d) Person convicted by a Court of any offence, whether involving moral turpitude or otherwise, and sentenced to imprisonment for not less than 6 months.

(e) Person who has not paid calls in respect of shares in the company whether alone or jointly with others and six months have elapsed from the last date fixed for payment of call;

(f) He has been convicted of an offence dealing with related party transactions under section 188 of the Companies Act, 2013, at any time during the preceding five years.

(g) If he has not obtained DIN as required under section 152(3) of the Companies Act, 2013.

(h) He has not complied with the provisions of section 165(1) (regarding restriction on the number of directorships) [this clause inserted vide the Companies (Amendment) Act, 2019 w..e.f. 2-11-2018.

(i) If Court or NCLT has passed the order disqualifying a person as a director and the order is in force.

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