winding up

Querist : Anonymous (Querist) 15 March 2010 This query is : Resolved
One of my client is going for winding up the company. Problem is there are five directors in the company and while filing Din 3 they filed only for four directors and now the other director is not coperating for applying Din 1 in his name. Now what is the process to proceed with.....

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Raj Kumar Makkad (Expert) 15 March 2010
Legally nothing can be done but you can issue a notice to him stating all the situation of the company as well as decision of all other directors with a request to him to do the needful or to become responsible for all the consequences henceforth.

Heaven 2011 (Expert) 19 March 2010
Section 266 of the Companies Act 1956 (amended) has made it compulsory to obtain a DIN before appointing the concerned person as Director of the company. Once the DIN is not obtained it can not be said that the concerned person is the director of the Company. Therfore in fact at present you have only four directors and in it wolud not act as an encumbrance in winding up of the company with its present status provided other requirement are duly complied with. Legally you can not force any person to give his consent to act as the director of the comapny.

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