MCA Form DIR-10: Application for Removal of Disqualification of Directors

MCA Form DIR-10: Application for Removal of Disqualification of Directors. Section and Provision – 
Section 164 of Companies Act, 2013 – 
(1) A person shall not be eligible for appointment as a director of a company, if —
(a) he is of unsound mind and stands so declared by a competent court.
(b) he is an undischarged insolvent.
(c) he has applied to be adjudicated as an insolvent and his application is pending.
(d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence.
(e) an order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force.
(f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call.
(g) he has been convicted of the offence dealing with related party transactions under section 188 at any time during the last preceding five years; or
(h) he has not had Active DIN.
(i) he has exceeded the limit of directorship as per section 165.
(2) No person who is or has been a director of a company which—
(a) has not filed financial statements or annual returns for any continuous period of three financial years; or
(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more, shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.
(3) A private company may by its articles provide for any disqualifications for appointment as a director in addition to those specified.
Purpose –

Form No. DIR-10 aims to simplify the process for filing the application to Regional Director (North) to remove disqualification of directors.

An individual can apply to Regional Director (North) to remove disqualification (under Section 164(1) and 164(2)(b)) through this webform.

Key Information –

The Form is available on MCA Version 3 portal.

‘Form No. DIR-10’ shall be processed in non-STP mode.

Document Required-

Proof of violations / offences being compounded by NCLT / Court.

Proof of violations in which default has been made good

Optional attachment(s), (if any)

Timeline-

No timeline prescribed under law.

Fees-

Normal filing fee in case of company having share capital

S.No.

Contribution Amount (INR)

Other than OPC & Small company (INR)

OPC & Small company (INR)

Up to 25,00,000

2000

1000

Above 25,00,000 but up to 50,00,000

5000

2500

Above 50,00,000 but up to 5,00,00,000

10,000

Above 5,00,00,000 but up to 10,00,00,000

15,000

Above 10,00,00,000

20,000

2. By a company limited by guarantee but not having a share capita

Other than OPC & Small company (INR) - 2000

OPC & Small company (INR) - NIL

Important Checkpoint while filling Form –

Please note that SRN number of webform DIR-9 is required in Form No. DIR-10.

Please ensure that applicant is registered as a business/registered user on the MCA portal before filing the webform.

Please note that the signing authority of the webform shall have valid and non-expired/non-revoked DSC.

Please ensure that the affixed DSC is registered against the DIN/PAN entered.

Please ensure that the signatory of the webform is associated with the CIN of the company.

Please ensure that the webform is filed for disqualified directors.

MCA Help Kit

Section and Provision –

Section 164 of Companies Act, 2013 –

(1) A person shall not be eligible for appointment as a director of a company, if —

(a) he is of unsound mind and stands so declared by a competent court.

(b) he is an undischarged insolvent.

(d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence.

(e) an order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force.

(f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call.

(g) he has been convicted of the offence dealing with related party transactions under section 188 at any time during the last preceding five years; or

(h) he has not had Active DIN.

(i) he has exceeded the limit of directorship as per section 165.

(2) No person who is or has been a director of a company which—

(a) has not filed financial statements or annual returns for any continuous period of three financial years; or

(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more, shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.

(3) A private company may by its articles provide for any disqualifications for appointment as a director in addition to those specified.

Purpose –

Form No. DIR-10 aims to simplify the process for filing the application to Regional Director (North) to remove disqualification of directors.
An individual can apply to Regional Director (North) to remove disqualification (under Section 164(1) and 164(2)(b)) through this webform.

Key Information –

The Form is available on MCA Version 3 portal.
‘Form No. DIR-10’ shall be processed in non-STP mode.

Document Required-

Proof of violations / offences being compounded by NCLT / Court.
Proof of violations in which default has been made good
Optional attachment(s), (if any)

Timeline-

No timeline prescribed under law.

Fees-

Normal filing fee in case of company having share capital

S.No.	Contribution Amount (INR)	Other than OPC & Small company (INR)	OPC & Small company (INR)
1	Up to 25,00,000	2000	1000
2	Above 25,00,000 but up to 50,00,000	5000	2500
3	Above 50,00,000 but up to 5,00,00,000	10,000	10,000
4	Above 5,00,00,000 but up to 10,00,00,000	15,000	15,000
5	Above 10,00,00,000	20,000	20,000

2. By a company limited by guarantee but not having a share capita

Other than OPC & Small company (INR) - 2000
OPC & Small company (INR) - NIL

Important Checkpoint while filling Form –

Please note that SRN number of webform DIR-9 is required in Form No. DIR-10.
Please ensure that applicant is registered as a business/registered user on the MCA portal before filing the webform.
Please note that the signing authority of the webform shall have valid and non-expired/non-revoked DSC.
Please ensure that the affixed DSC is registered against the DIN/PAN entered.
Please ensure that the signatory of the webform is associated with the CIN of the company.
Please ensure that the webform is filed for disqualified directors.