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DIN Disqualification Removal under Section 164

Reviewed by CA and CS Team, Patron Accounting LLP ICAI & ICSI Registered| 15+ Years Experience| Last Updated: Verify Credentials →

Service: End-to-end removal of director disqualification and DIN reactivation.

Fees: DIN disqualification removal starting from INR 24,999 (Exl GST and Govt. Charges).

Trigger: Company not filing AOC-4 or MGT-7 for 3 consecutive years under Section 164(2).

Routes: NCLT revival under Section 252, High Court writ, or DIR-10 after the bar.

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Director Disqualification: Overview and Quick Summary

📌 TL;DR - DIN Disqualification Removal Services at a Glance

Under Section 164(2) of the Companies Act, 2013, a director is disqualified for 5 years if the company fails to file its financial statements or annual returns for 3 consecutive financial years. The disqualification is automatic, the DIN is deactivated, and the office is vacated in all other companies. Removal usually runs through NCLT revival, a High Court writ, or DIR-10.

Parameter	Detail
Governing Provision	Section 164(2) and Section 167, Companies Act, 2013
Trigger	No AOC-4 or MGT-7 filed for 3 consecutive financial years
Duration	5 years from the date of default, automatic
Cost	Patron fee from INR 24,999 (Exl GST and Govt. Charges) plus statutory costs
Consequence	DIN deactivated, office vacated in all other companies (Section 167)
Remedy Routes	NCLT revival (Section 252), High Court writ (Article 226), DIR-10
Authority	NCLT, High Court, Registrar of Companies (ROC), MCA

DIN disqualification removal services from Patron Accounting cover diagnosis of the default, clearing pending filings, and the NCLT or High Court application to restore your directorship and reactivate your DIN. We handle the full remediation, including the matters that involve NCLT and condonation schemes. Our team has supported 10,000+ businesses since 2009.

A deactivated DIN also blocks the annual Director KYC, so both are addressed together, and if you have received a ROC notice on the default we handle that alongside the restoration.

What Is Director Disqualification under Section 164?

Director disqualification under Section 164(2) of the Companies Act, 2013 makes a director ineligible to be appointed or reappointed for 5 years when the company fails to file financial statements or annual returns for 3 consecutive financial years.

The disqualification is automatic, by operation of law, with no court order needed. The director’s DIN is deactivated by the MCA, and under Section 167 the office is vacated in every other company. Removing it requires clearing the default and a formal restoration route.

Key Terms for DIN Disqualification Removal:

DIN: The Director Identification Number, deactivated on disqualification so no forms can be filed.
Section 164(2): Disqualification arising from the company’s default in annual filings.
Section 167: Vacation of office across all companies once disqualification is incurred.
Section 252: The NCLT route to revive a struck-off company, which then restores its directors.
DIR-10: The MCA form to apply for removal of disqualification.

Section 164(2) 5-Year Bar

Who Is Affected by Section 164 Disqualification?

Section 164(2) affects every director of a company that has not filed its annual statements for 3 consecutive years. The disqualification follows the individual, not just one company.

Directors of any company, private or public, that missed AOC-4 or MGT-7 for 3 consecutive financial years.
Across all directorships: Under Section 167 the office is vacated in every company except the defaulting one.
Section 164(1) personal grounds: Unsound mind, undischarged insolvency, conviction involving moral turpitude and similar grounds also disqualify a person.
Six-month relief: A person appointed to an already-defaulting company does not incur disqualification for 6 months from appointment.
Not LLPs: Section 164 applies to companies, not to LLPs.

A deactivated DIN also blocks Director KYC, so both are addressed together during remediation.

Our DIN Disqualification Removal Services

Service	What We Do
Disqualification Diagnosis	We check the MCA list, identify the defaulting company and the exact default years, and map the correct remedy route.
Clearing Pending Filings	We prepare and file the overdue AOC-4 and MGT-7 returns needed to regularise the company before restoration.
NCLT Revival under Section 252	Where the company is struck off, we prepare and file the NCLT petition for revival, after which the directors are restored.
High Court Writ Support	Where appropriate, we coordinate a writ petition under Article 226 challenging the disqualification on legal grounds.
DIR-10 and DIN Reactivation	We handle the DIR-10 application and the steps to reactivate the DIN once the legal route succeeds.
Post-Restoration Compliance	We re-establish full compliance, including Director KYC and the annual filing calendar, to prevent a repeat.

Our Process

Disqualification Removal Process: Step by Step

How Patron runs the remediation, from assessing the default to reactivating the DIN and restoring full compliance.

Step 1

Assess the Disqualification

Confirm the defaulting company, the three default years and whether the company is active or struck off.

Default years Company status

Assess 01

Step 2

Choose the Remedy Route

Decide between NCLT revival, a High Court writ or DIR-10 based on the company status and timeline.

Route choice Best fit

Route 02

Step 3

Clear Pending Returns

File the overdue AOC-4 and MGT-7 to regularise the company.

AOC-4 / MGT-7 Regularise

Clear 03

Step 4

File the Legal Application

File the NCLT petition under Section 252 or the writ petition, with supporting documents.

Section 252 Writ

File 04

Step 5

Obtain the Order

Secure the NCLT or court order reviving the company and restoring the directors.

Revival order Restored

Order 05

Step 6

Reactivate the DIN

Complete DIR-10 and the MCA steps to reactivate the DIN and update records.

DIR-10 DIN active

Reactivate 06

Step 7

Restore Full Compliance

Bring all filings current and set up an ongoing compliance calendar.

All current Calendar

Restore 07

Documents Required for Disqualification Removal

Director details, DIN and PAN.
MCA disqualification list entry or ROC communication.
Details of the defaulting company and its filing history.
Financial statements and annual returns for the default years.
Board and shareholder records for the NCLT petition.
Valid DSC for filing once the DIN is reactivated.

Need the full checklist? We share a tailored document list after reviewing your disqualification.

Common Disqualification Challenges and Solutions

Challenge	Impact	How Patron Accounting Solves It
Disqualification with no direct statutory remedy	The Act prescribes no simple removal for a 164(2) default. We use the established NCLT and writ routes that courts have accepted.
Multiple directorships affected	Section 167 vacates office in all companies. We map every affected directorship and plan restoration across them.
Company already struck off	A struck-off company needs NCLT revival under Section 252 before directors are restored. We file and pursue the petition.
Deactivated DIN blocking filings	A deactivated DIN blocks all e-filing and KYC. We sequence the restoration so filings can resume cleanly.

DIN Disqualification Removal Fees

Fee Component	Amount
Patron Accounting Professional Fees	Starting from INR 24,999 (Exl GST and Govt. Charges)
What it reflects	The diagnosis, pending filings and the NCLT or writ-based remediation; the exact fee depends on the route and the number of default years and directorships
NCLT and ROC filing fees, additional fees on overdue returns	Charged on actual basis
Any court costs	Charged on actual basis

All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.

Statutory costs such as NCLT and ROC filing fees, additional fees on overdue returns, and any court costs are charged on an actual basis, since the workload depends on the remedy route and the number of default years and directorships. Contact us for a detailed quote.

Get a free DIN Disqualification Removal consultation - Call +91 945 945 6700 or WhatsApp us. No-obligation assessment.

How Long Does Disqualification Removal Take?

Stage	Estimated Timeline
Clearing pending filings	A few weeks
NCLT revival petition (Section 252)	Typically several months, depending on the bench
High Court writ (Article 226)	Several months, depending on the case
DIN reactivation after the order	Once the legal route succeeds and DIR-10 is processed

Timelines depend on the route. Clearing pending filings takes a few weeks, while an NCLT revival petition or a High Court writ typically takes several months, depending on the bench and the case. We move the preparation quickly and keep you updated at each stage so the DIN is reactivated as soon as the law permits.

Key Benefits

Why Choose Professional Disqualification Removal

Correct Remedy Route Chosen

The right route, NCLT revival, a High Court writ or DIR-10, is chosen for your specific default and company status.

Pending Filings Cleared

All the overdue AOC-4 and MGT-7 returns are cleared so the company is regularised before restoration.

NCLT or Writ Prepared Properly

The NCLT petition or the High Court writ is prepared by experienced professionals to the standard the bench expects.

DIN Reactivated and KYC Restored

Once the legal route succeeds, the DIN is reactivated and the Director KYC is restored so filings can resume.

Criminal-Offence Risk Avoided

Acting as a director after vacancy is a criminal offence; we restore status correctly so you do not act while disqualified.

Handled by Qualified CAs and CSs

The whole remediation is run end to end by qualified Chartered Accountants and Company Secretaries.

Trusted by Businesses Across India

10,000+ Businesses Served | 4.9 Google Rating | 50,000+ Documents Filed | 15+ Years

"My DIN was deactivated because of an old dormant company. Patron revived it through NCLT and restored my directorships." - Director, group of companies, Delhi.

"I was disqualified without realising a family company had stopped filing. Patron diagnosed it and handled the full restoration." - Promoter, manufacturing company, Pune.

Trusted by leading brands including Hyundai, Asian Paints and Bridgestone for accounting and compliance support.

With offices in Pune, Mumbai, Delhi, and Gurugram, Patron Accounting serves businesses across India - both in-person and remotely.

Remedy Routes Compared

Route	When It Fits	Outcome
NCLT revival (Section 252)	Company struck off, within limitation	Company revived, directors restored
High Court writ (Article 226)	Procedural or constitutional grounds	Court may set aside the disqualification
DIR-10	After the bar or specific grounds	Application for removal of disqualification

Related Director and Compliance Services

Disqualification removal connects with broader director and ROC compliance. Patron handles the related work too.

Director KYC (DIR-3 KYC) to reactivate and maintain DIN status.
ROC Notice handling if you have received a notice on default or disqualification.
Private Limited Company Compliance to clear and maintain annual filings.
Appointment of Director for board changes after restoration.
Pvt and LLP Compliance for ongoing entity compliance.

Legal and Compliance Framework

Disqualification: Section 164(2)(a) of the Companies Act, 2013 disqualifies a director for 5 years where the company fails to file financial statements or annual returns for 3 consecutive financial years.

Vacation and penalty: Under Section 167(1) the office is vacated in all companies, and under Section 167(2) acting after vacancy is a criminal offence with imprisonment up to 1 year or a fine of Rs 1,00,000 to Rs 5,00,000.

Remedies: A struck-off company is revived under Section 252 before the NCLT, after which directors are restored. A writ under Article 226 may be filed on legal grounds, and Form DIR-10 is the prescribed application for removal of disqualification.

The 2017 wave: In September 2017 the MCA disqualified 3,09,614 directors and struck off about 2.4 lakh companies, creating a large backlog of remediation that continues today.

Refer to the MCA portal for forms and to Section 164 on IndiaCode for the bare provision.

Frequently Asked Questions

Common questions on director disqualification under Section 164(2), its consequences, removal routes, Section 167 vacation, the penalty for acting after disqualification, the duration, DIR-10 and LLPs.

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What triggers director disqualification under Section 164(2)?

A director is disqualified under Section 164(2)(a) when the company fails to file its financial statements or annual returns for any continuous period of three financial years. The disqualification lasts five years from the date of default. It is automatic by operation of law, requires no court order, and deactivates the director’s DIN.

What are the consequences of disqualification?

Once disqualified, the director cannot be appointed or reappointed in any company for five years, and under Section 167 the office is vacated in every company except the defaulting one. The DIN is deactivated, blocking all MCA filings. Continuing to act as a director is a criminal offence under Section 167(2).

How can director disqualification be removed?

Removal depends on the situation. Where the company is struck off, it is revived through an NCLT petition under Section 252, after which the directors are restored. Directors may also file a writ petition before the High Court under Article 226 on legal grounds, or use Form DIR-10. Pending annual filings must be cleared as part of the process.

Can a disqualified director continue in other companies?

No. Under Section 167, the disqualification vacates the director’s office in all companies except the one that defaulted. Continuing to act as a director after the office is vacated is a criminal offence under Section 167(2), punishable with imprisonment up to one year or a fine of Rs 1,00,000 to Rs 5,00,000, or both.

What is the penalty for acting after disqualification?

Under Section 167(2), if a person functions as a director knowing the office has become vacant due to disqualification, the offence is punishable with imprisonment up to one year or a fine not less than Rs 1,00,000 and up to Rs 5,00,000, or both. This is a prosecution before a criminal court, not an MCA adjudication.

How long does the disqualification last?

Disqualification under Section 164(2) lasts five years from the date the company first incurred the default. During this period the director cannot be appointed or reappointed elsewhere. Active remediation, such as reviving a struck-off company through the NCLT, can restore the directorship and reactivate the DIN sooner, depending on the case.

What is Form DIR-10 used for?

Form DIR-10 is the MCA application for removal of a director’s disqualification. The form requires the SRN of Form DIR-9, which the company files when it incurs the default. DIR-10 is generally relevant after the disqualification period or for specific grounds, and the broader remedy for struck-off companies remains NCLT revival under Section 252.

Does Section 164 disqualification apply to LLPs?

No. Section 164 of the Companies Act, 2013 applies to directors of companies, not to designated partners of LLPs. However, an LLP has its own annual compliance obligations, and a person may hold positions in both a company and an LLP, so a disqualification in the company context still needs careful handling.

DIN disqualification kaise hataye?

Pending filings clear karke, struck-off company ko NCLT se revive karke ya DIR-10 ke through disqualification hatayi jati hai.

Director disqualification kitne saal ki hoti hai?

Section 164(2) ke tahat disqualification 5 saal ki hoti hai, default ki date se.

Quick Answers

What triggers it? No AOC-4 or MGT-7 for 3 consecutive years.

How long? 5 years from the date of default.

Main remedy? NCLT revival under Section 252 for struck-off companies.

Does it hit all directorships? Yes, office is vacated in all other companies.

Why Act Now

The backlog is large and the clock matters. Over 3 lakh directors were disqualified in the 2017 wave, and a fresh wave threatens companies that missed recent filings. NCLT revival works best within the limitation window, and acting as a director meanwhile is a criminal offence. The sooner you start, the more routes stay open.

Get a confidential assessment - Call +91 945 945 6700 or WhatsApp us. We respond within 2 hours.

Restore Your Directorship with Patron Accounting

Director disqualification under Section 164(2) is automatic, deactivates the DIN and vacates office across all companies, yet the Act prescribes no easy removal. The practical routes are NCLT revival under Section 252, a High Court writ, and Form DIR-10, each needing the pending filings cleared first.

Patron Accounting, with qualified CAs and CSs and offices in Pune, Mumbai, Delhi and Gurugram, manages the full remediation so your directorship and DIN are restored as efficiently as the law allows.

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Content Created: 3 June 2026 | Last Updated: | Next Review: 4 September 2026 | Reviewed By: CA & CS Team, Patron Accounting LLP

This page is reviewed at least yearly and updated whenever Section 164, Section 167 and Section 252, the DIR-9 and DIR-10 forms, the NCLT and High Court view on disqualification, or the related penalty provisions change. Freshness Tier 1.