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Mgt 9 clarification

RAHUL KUMAR SINGH (CA Final) (158 Points)

24 October 2015

Hi Friends, I have a doubt regarding MGT- 9 - Part IV (Shareholding Pattern).

Where A Person is a Shareholder in a company by Alloted Shares in 2-3 Years Back (Company registered 11 Years Back), Could It will be Counted in the Promoter's Of the Company while filing the MGT- 9 & MGT - 7; If not Where it will be shown.

Note : Company has five promoters since Incorporation and Currently it has 16 Shareholders.

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CS Arjun Rajagopal (B.com, ACS) (1056 Points)
Replied 25 October 2015

If promoter falls in any category of thebelow defenition he is a promoter otherwise he is not a promoter. Promoter shareholding is only required to be mentioned in mgt 9 only. As per Sec2(69) of CA,2013 �promoter� means a person� (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity;

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