MCA Form DIR-9: Report by the Company to Registrar for Disqualification of Directors

MCA Form DIR-9: Report by the Company to Registrar for 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-9 aims to simplify the process for filing the report by the company to ROC about disqualification of a director.
The ROC must be informed about disqualification of a director of a company by filing this webform for any of the reasons as specified under Section 164.
Key Information –

The Form is available on MCA Version 3 portal.

Form No. DIR-9 shall be processed in STP mode and shall be taken on record through electronic mode without any further processing.

Document Required-

Copy of court order

Optional attachment(s), (if any)

Timeline-
Whenever a company receives the information in Form DIR-8, company shall, within thirty days of such receipt, file Form DIR-9 with the Registrar.
Fees-

Normal filing fee in case of company having share capital

S.No.

Contribution Amount (INR)

Normal Fee applicable
(INR)

Less than 1,00,000

200

1,00,000 to 4,99,999

300

5,00,000 to 24,99,999

400

25,00,000 to 99,99,999

500

1,00,00,000 or more

600

2. In case of company not having share capital
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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-9 aims to simplify the process for filing the report by the company to ROC about disqualification of a director.

The ROC must be informed about disqualification of a director of a company by filing this webform for any of the reasons as specified under Section 164.

Key Information –

The Form is available on MCA Version 3 portal.
Form No. DIR-9 shall be processed in STP mode and shall be taken on record through electronic mode without any further processing.

Document Required-

Copy of court order
Optional attachment(s), (if any)

Timeline-

Whenever a company receives the information in Form DIR-8, company shall, within thirty days of such receipt, file Form DIR-9 with the Registrar.

Fees-

Normal filing fee in case of company having share capital

S.No.	Contribution Amount (INR)	Normal Fee applicable (INR)
1	Less than 1,00,000	200
2	1,00,000 to 4,99,999	300
3	5,00,000 to 24,99,999	400
4	25,00,000 to 99,99,999	500
5	1,00,00,000 or more	600