Nominee director
This query is : Resolved
29 January 2015
Is a nominee director a member of the Company ? I mean do we enter their name in the register of members?
Thank you all.
Thank you all.
29 January 2015
no.
Register of members contain only Name of the member holding shares in the company.
Details of nominee director need to be entered in Register of Director and key managerial personnel maintained under Section 170(1) of the companies act 2013
Register of members contain only Name of the member holding shares in the company.
Details of nominee director need to be entered in Register of Director and key managerial personnel maintained under Section 170(1) of the companies act 2013
29 January 2015
Thank You so much Mitesh Sir...and what about nominee shareholders? are they members of a company?
29 January 2015
yes.
A nominee share holder refers to a company member holding the shares on behalf of the actual owner or beneficial owner. S/he is the registered owner of the share.
As per section 2(55) of the companies act, 2013 “member”, in relation to a company, means every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository
A nominee share holder refers to a company member holding the shares on behalf of the actual owner or beneficial owner. S/he is the registered owner of the share.
As per section 2(55) of the companies act, 2013 “member”, in relation to a company, means every person holding shares of the company and whose name is entered as a beneficial owner in the records of a depository
29 January 2015
and if someone is appointing a person as a nominee shareholder than is there any filing to be done with ROC?
29 January 2015
Yes.
According to Section 89 of the Companies Act, 2013, where the name of a person is entered in the register of members of a company as the holder of shares in that company but who does not hold the beneficial interest in such shares, such person shall make a declaration within such time and in such form as may be prescribed.
Rule 9 of the Companies (Management and Administration) Rules 2014 supplements provisions of Section 89 of the Act.
A person whose name is entered in the register of members of a company as the holder of shares in that company but who does not hold the beneficial interest in such shares (hereinafter referred to as “the registered owner”), shall file with the company, a declaration to that effect in Form MGT – 4 in duplicate, within a period of thirty days from the date on which his name is entered in the register of members of the company. [Sub – Rule (1)]
Where any change occurs in the beneficial interest in such shares, the registered owner shall, within a period of thirty days from the date of such change, make a declaration of such change to the company in Form MGT – 4 in duplicate. [Proviso to sub – rule (1)]
Every person holding and exempted from furnishing declaration or acquiring a beneficial interest in shares of a company not registered in his name (hereinafter referred to as “the beneficial owner”) shall file with the company, a declaration disclosing such interest in Form MGT – 5 in duplicate, within thirty days after acquiring such beneficial interest in the shares of the company. [Sub – Rule (2)]
Where any change occurs in the beneficial interest in such shares, the beneficial owner shall, within a period of thirty days from the date of such change, make a declaration of such change to the company in Form MGT – 5 in duplicate. [Proviso to sub – rule (2)]
Where any declaration under section 89 is received by the company, the company shall make a note of such declaration in the register of members and shall file, within a period of thirty days from the date of receipt of declaration by it, a return in Form MGT – 6 with the Registrar in respect of such declaration with fee. [Sub – rule (3)]
According to Section 89 of the Companies Act, 2013, where the name of a person is entered in the register of members of a company as the holder of shares in that company but who does not hold the beneficial interest in such shares, such person shall make a declaration within such time and in such form as may be prescribed.
Rule 9 of the Companies (Management and Administration) Rules 2014 supplements provisions of Section 89 of the Act.
A person whose name is entered in the register of members of a company as the holder of shares in that company but who does not hold the beneficial interest in such shares (hereinafter referred to as “the registered owner”), shall file with the company, a declaration to that effect in Form MGT – 4 in duplicate, within a period of thirty days from the date on which his name is entered in the register of members of the company. [Sub – Rule (1)]
Where any change occurs in the beneficial interest in such shares, the registered owner shall, within a period of thirty days from the date of such change, make a declaration of such change to the company in Form MGT – 4 in duplicate. [Proviso to sub – rule (1)]
Every person holding and exempted from furnishing declaration or acquiring a beneficial interest in shares of a company not registered in his name (hereinafter referred to as “the beneficial owner”) shall file with the company, a declaration disclosing such interest in Form MGT – 5 in duplicate, within thirty days after acquiring such beneficial interest in the shares of the company. [Sub – Rule (2)]
Where any change occurs in the beneficial interest in such shares, the beneficial owner shall, within a period of thirty days from the date of such change, make a declaration of such change to the company in Form MGT – 5 in duplicate. [Proviso to sub – rule (2)]
Where any declaration under section 89 is received by the company, the company shall make a note of such declaration in the register of members and shall file, within a period of thirty days from the date of receipt of declaration by it, a return in Form MGT – 6 with the Registrar in respect of such declaration with fee. [Sub – rule (3)]
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29 January 2015
Than you so much for the quick and accurate replies.
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