Disclosure of interest by directors under ca, 2013

Page no : 5

chillakuru chaitanya (student) (147 Points)
Replied 04 July 2014

When directors doesnt have any interest they have to delcare that they are not interested in forst board meeting after incorporation


CS Amit Srivastava (Services ) (66 Points)
Replied 05 July 2014

Dear Ankur Sir

As per my understading no need to disclose his/her interest or concern in MBP-01 as mentioned in 184(2). if we closly observe the form MBP-01 this requare only general disclosure only as heading of the Form specify that pursuant to section 184(1) read with rule 9(1).

hence it dose not talk about section 184(2)  which is related to contract of arrangement.

Regards

Amit Kumar

 

 


CS Amit Srivastava (Services ) (66 Points)
Replied 05 July 2014

Dear All

Mr. A is a director in three companies(let say P, Q, R) and also a shareholder in a company (Let say Z) and holding 2 equity shares which less than 2%,

Does he require to give information about company Z in MBP-01? as shareholder only as he is not director in that company?


Ankur Garg (Company Secretary and Compliance Officer)   (114773 Points)
Replied 05 July 2014

Originally posted by : CS Amit Srivastava
Dear Ankur Sir

As per my understading no need to disclose his/her interest or concern in MBP-01 as mentioned in 184(2). if we closly observe the form MBP-01 this requare only general disclosure only as heading of the Form specify that pursuant to section 184(1) read with rule 9(1).

hence it dose not talk about section 184(2)  which is related to contract of arrangement.

Regards

Amit Kumar

No doubt about your observation and all my replies are based on this understanding only. Both sub sections have different purpose and compliances.

 

Thanks


Bapilesh (CA) (79 Points)
Replied 11 July 2014

Dear Ankurji,

Section 184(1) starts with "Every director shall at the first meeting of the Board". Whether it means that every directors including non-interested directors should give declaration in Form MBP-1? 


 



Pooja Goyal (CA) (25 Points)
Replied 13 July 2014

Ankurji,

I work for a private limited company. The company has already closed is operations. Just the closure formalities are pending.We will be closing the company by filing of NIL balance sheet. I would like to know what formalities are required to be done under New Companies Act,2013. What resolutions we have to file with MGT 14. Just the resolution for disclosure of interest by Directors is sufficient or anything else is also to be filed.Please help.


vijay preet (student) (32 Points)
Replied 21 July 2014

Dear Ankur Sir, Please guide whether MBP.1 is required to be filled if a Director has NIL Interest (i.e. having NO Interest in Co.) as language is "Every director shall"

Please guide ASAP.

Thanks & Regards...

P.S. Bapilesh please guide me on the same query if you will find any answer.


CA AYYAPPA (Chartered Accountant) (272 Points)
Replied 29 July 2014

Dear Ankur ji,

If a person is NRI and is a director both in foreign and India companies.. in that case he/she have to disclose interest in both the companies or India companies alone

Pls advice.


payal (article) (23 Points)
Replied 06 August 2014

Hello Sir,

 
Please clarify if a director is only director of a company not holding any share. Then also is it compulsory to file MGT-14(MBP-1). Please tell me definition of interest. 
 

prakash (Company Secretary) (1352 Points)
Replied 06 August 2014

Dear All,

 

Do we need to mention number of shares or percentage of shares under head "shareholding" in MBP 1?



Gaurav (ACS) (90 Points)
Replied 14 August 2014


CS Amit Srivastava (Services ) (66 Points)
Replied 14 August 2014

Dear Gaurrav

As date of Baord Meeting is 30th juky then it should be filed with the respective RoC on or before 29th August, as july is the month of 31 days hence need to file within 30 days from baord meeting

 

 

Regards

ACS Amit Kumar


S.K.Bhasin (Partner) (38 Points)
Replied 19 August 2014

Dear All,

I need to clarify whether the term disclosure of Interest of a Director in firm includes interest in a  propreitorship concerns or not??


Shivani Sharma (CA FINAL) (587 Points)
Replied 15 September 2014

thanks 



nidhi (trainee) (29 Points)
Replied 19 September 2014

Respected Sir/Madam 

Please let me know that if directors have disclosed their interest in second board meeting and the company has even filed MGT-14 for the same along with MBP-1 received from the directors, then is their any penalty for the same?

Thanks



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