Declaration under Section 164(2)

[CS Manish Kushwaha]

Dear friends,

whether it is necessary to give this declaration in every F.Y.  [ sec-164(2) ]

Sub: Declaration under Section 164(2) of Companies Act, 2013

 

Dear Sir,

 

Pursuant to Section 164(2) of the Companies Act 2013, I hereby confirm that the Companies, in which I am a Director, have not made any defaults in;

 

(a)    Filing of Financial Statements or Annual Returns for any continuous period of three financial years. or

 

(b)    Repaying its deposits or interest thereon on due date or redeem its debentures or interest thereon on due date or pay any dividend declared and such failure continues for one year or more.

Regards 

CS Manish Kushwaha

[Ruchita Malpani]

Yes! Refer Sec 143(3)(g) of 2013 Act!

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Regards,

CS Ruchita Malpani

[CS Manish Kushwaha]

Hi,

143(3)(g) The auditor’s report shall also state

whether any director is disqualified from being appointed as a director under sub-section (2) of section 164;

Here doesn't mean that the declaration is required to be given by director in every FY.

It is required only at the time of appointment when he gives the consent.     

 

Regards 

 CS Manish Kushwaha

[Ruchita Malpani]

The report will be given by the auditors every year, hence every year declaration to be taken.

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[CS Manish Kushwaha]

Ok

Thank you so so much Ruchita Mam

Regards 

CS Manish Kushwaha

[santhosh kumar]

yes

CS.M.Santhoshkumar
"From the man who always has a Good heart ! "

ॐ सर्वे भवन्तु सुखिनः

 

 

[Sil]

Declaration under sec 164(2) need not be taken every year. Its to be taken only at the time of appointment of Director.

Section 143(3)(g) states " whether any director is disqualified from being appointed as a director under sub section (2) of section 164" 

In view of above fact declaration need to be seeked only at the time of appointment.