MGT-9 requirement

[cshemantpai]

Dear Experts,

Do we need to prepare MGT-9  and annexed to Director's Report?

I understand section 23 of Companies Amendment Act,2017 which states -  In section 92 of the principal Act,—"(3) Every company shall place a copy of the annual return on the website of the company, if any, and the web-link of such annual return shall be disclosed in the Board's report." has not notified yet.

Kindly share your views.

Thanks and Regards

Hemanth Pai

[sandip Chaubey]

It has been notified already. 

Thanks and regards
Sandip Kumar Chaubey
Company Secretary

Skyway Ventures Ltd.
Mob. No. 8178230224

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

[Hemant Pai]

Dear Sandeep,

Thanks for the response. Can you please share the date of notifying the same.

[varsha punjabi]

7th May,2018.

Correct me if I am wrong.

[Peer Mehboob]

Amendment to Section 92(3) has not yet been made effective only amendments in Section 92 with respect to Section 403 have only been made effective. Hence as per section 92(3), as on date, requirement of MGT-9 to be annexed with Board Report, still very much there. However, as per the notification dated 31/07/2018, the amendments in Section 134 regarding the Directors' Report have been made effective, according to which the extract of annual return need not be included in the Board's Report. 

Both the provision unnotified and notified are contradictory to each other. However, in order to compliance with both the provisions as per the harmonious interpretation, MGT-9 is still required as on date till the further commencement notification is not issued by MCA and web address, may also be mentioned in the Board report.

[Hemant Pai]

Peer Mehboob Sir,

Thanks for the clarification.