Under section 274 (1)(g) which is disqualifiying director for not filing Annual Accounts and Annual Return for 3 years and more in a public company. I would like to know whether non filing any one i.e annual return or annual accounts constitutes for default or filing of any one of the returns avoids default.

under section 274 (1)(g) which is disqualifiying director for not filing Annual Accounts and Annual Return for 3 years and more in a public company. I would like to know whether non filing any one i.e annual return or annual accounts constitutes for default or filing of any one of the returns avoids default.

Without a link to this statute (what state or country?), I'd guess that the answer is no, failing to file just one document out of a list of several required in a 3-year period, doesn't trigger the "disqualifying"/ "default" provision.

Is this the act you are referring to: The Companies Act, 1956 (http://www.vakilno1.com/bareacts/companiesact/companiesacts.htm)

s274: http://www.vakilno1.com/bareacts/companiesact/s274.htm

Is this the act you are referring to: The Companies Act, 1956 (http://www.vakilno1.com/bareacts/companiesact/companiesacts.htm)

s274: Laws - Companies Act - Section 274 (http://www.vakilno1.com/bareacts/companiesact/s274.htm)

Ah. Thanks, Curl.

This language:

"(1) A person shall not be capable of being appointed director of a company, if-
...
(A) has not filed the annual accounts and annual returns for any continuous three financial years ... ."
Means that he/she woud be disqualiified for failure to file all 3 consecutive filings. However the next language is more severe:

"Provided that such person shall not be eligible to be appointed as a director of any other public company for a period of five years from the date on which such public company, in which he is a director, failed to file annual accounts and annual returns under sub-clause (a)" I assume "sub-clauuse (a)" refers to the immediately predeeding sub-clause (g)(A). It takes only one failure to file.