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.

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Originally Posted by svchidu

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.

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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

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

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Originally Posted by Curlyben

Is this the act you are referring to: The Companies Act, 1956

s274: Laws - Companies Act - Section 274

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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.