22 April 2014
Under Section 164(2), Directors are required to give written representation of non-applicability of disqualifications as provided in 164(2) to Companies (which is equivalent to S.274(1)(g)'s declaration under CA, 1956) The format of such declaration u/s 164(2)is not provided in the final rules yet. Chapter XI, Rule 14 says "Every director shall inform to the company concerned about his disqualification under sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed." MCA's Circular No.General Circular no 6/2014 dated 28.03.2014 states that DIR-8 is for-Particulars of appointment of directors and the key managerial personnel and the changes among them. In view of the above, can someone pls clarify that what will be format for giving the declaration u/s 164(2)? and whether such declaration is to be given by Director only at the event of Appointment/Re-appointment and not yearly?
2. Rule 14 can be followed rather than circular 6 of 2014 because DIR-12 is the prescribed form that should have appeared against serial number 28 of that circular.
3. Seems format has to be drafted/prepared by the appointee as done for circular 11 of 2013.
4. Yearly requirement is not necessary as inferred from rule 14.
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