Issue 27 – Insights 6
Insights – What the (S)Hell?
Impact of such disqualification on directors
Directors have been caught unawares due to their disqualification. Disqualification will mean such directors cannot be directors in other existing companies or incorporate new companies for 5 years from their disqualification.
Consequent to disqualification there is ambiguity on whether the board resolutions, other agreements and transactions passed by such directors during the period for which they incurred disqualification will remain valid. Also majority companies are carrying on commercial operations and business. Such companies legitimately carrying on operations have been left in the lurch due to corporate no compliance.

The road ahead
The Central government has clarified that it shall not relent in its fight against black money in the economy. It shall continue to crack down on shell companies. However, the government has also clarified that it will ensure the functioning of genuine companies that have slipped up in its compliance. The Government has begun running checks on the backgrounds of director(s) to judge their credibility. Till such time the government provides clarity in future, such companies are lying low and adopting a “wait and watch” policy before they take their next course of action. On 11th October, 2017 the government issued a circular allowing promoters to appoint directors in those companies where all directors have been disqualified. This has been done with a view to ensure ease of operations of genuine companies. Lull after the storm.