Director Disqualification Risk Checker
Check if a director is at risk of disqualification under Section 164 of the Companies Act — covering personal grounds, company default grounds, and DIN deactivation.
How to verify: Check DIN status and disqualification on mca.gov.in → MCA21 → Director Master Data. Disqualified directors are listed in the ROC database. Cross-check your company's filing status too.
This tool covers Section 164 of the Companies Act 2013. It does not cover sector-specific bars (e.g., RBI regulations for bank directors, SEBI rules for market intermediary directors). Acting as a director while disqualified is a criminal offence under Section 167. Consult a company secretary or lawyer for a definitive assessment.
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Frequently asked questions
What are the grounds for director disqualification under Section 164 of the Companies Act?
Section 164 has two sets of grounds: (1) Personal grounds (164(1)) — conviction of offence involving moral turpitude (6+ month sentence), undischarged insolvent, court/tribunal order restraining directorship, non-payment of calls on shares, failure to file personal ITR for 3 years, related-party transaction violations. (2) Company-related grounds (164(2)) — if the company fails to file annual returns or financial statements for 3 consecutive years, or fails to repay deposits/debentures/dividend, all directors of that company are disqualified for 5 years from all boards.
What happens when a director is disqualified under Section 164(2)?
Disqualification under Section 164(2) means the director is removed from all boards — not just the defaulting company. The MCA publishes a list of disqualified directors (DIN-wise) on the MCA21 portal. A disqualified director cannot be appointed as director in any company for 5 years. The DIN is deactivated. Existing directorships are terminated automatically. The director must vacate all positions and file Form DIR-11 (resignation) for each company.
Can a disqualified director be reinstated before the 5-year period?
Yes, but only if the underlying default is cured. If the company files all pending annual returns and financial statements, and the ROC removes the company from the defaulting company list, the director can apply for restoration of DIN via a writ petition to the High Court. The NCLT and High Courts have granted relief in several cases where companies filed pending returns after disqualification. This is a legal process requiring a lawyer.
What is DIN KYC and what happens if a director misses the annual KYC deadline?
DIR-3 KYC (DIN KYC) is an annual verification that every director with an active DIN must complete by September 30. It links Aadhaar and PAN to the DIN and verifies the director's contact details. If DIR-3 KYC is not filed by September 30, the DIN is deactivated (not disqualified — a distinct but serious status). A deactivated DIN means the director cannot sign any MCA forms or documents. Reactivation requires filing DIR-3 KYC with a ₹5,000 late fee.
How can a director check if they are disqualified or if their DIN is deactivated?
Directors can check their DIN status on the MCA21 portal: go to MCA Services → MCA21 → DIN Services → Find DIN/Director. Enter the DIN to see status (Active/Deactivated/Disqualified). The full list of disqualified directors is also published on the MCA website under 'Disqualified Directors' section. ROC offices also issue notices to defaulting companies and directors by email and courier.