Directors declarations

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trupti chavan

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Apr 1, 2014, 7:08:40 AM4/1/14
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Please provide the draft of Annual Declaration under section 164 of new Act, 2013

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TRUPTI C



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Deepesh Nayak

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Apr 1, 2014, 7:11:50 AM4/1/14
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Dear Trupti,

I have a format of the same with annual notice of disclosure which i am sharing here. I also request to all the learned members kindly check and suggest, if any, addition / corrections are required.


Regards,
Deepesh



Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary
 *Mob. 097134-80215*
*csdeepe...@gmail.com*




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General Notice for disclosure of Interest us 184, 188 (4)new.doc

trupti chavan

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Apr 1, 2014, 7:31:09 AM4/1/14
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Please see attached the updated disclosure under section 184. I understand MCA has not release any draft under section 164, please confirm
FORM MBP-1.doc

trupti chavan

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Apr 1, 2014, 8:17:45 AM4/1/14
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Is the List of Relatives is Compulsory to give under section 2 ( 77) of new act 2013
Please advise

Deepesh Nayak

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Apr 1, 2014, 8:21:52 AM4/1/14
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This is not only for list of members but a format to take their relatives detail. A director have to mentioned the name of their relatives at the right hand side place and also provide his/her concern or interest in any entity, whether directly or indirectly.

Indirect interest may be through relatives therefore, director should well aware about this.

Others inputs are requested.

Regards,
Deepesh


Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary
 *Mob. 097134-80215*
*csdeepe...@gmail.com*




Deeraj Nair

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Apr 1, 2014, 8:34:17 AM4/1/14
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Excellent format.

Few suggestions:

The universe of Relative has been reduced to include:

(1) Father:
Provided that the term "Father" includes step-father.
(2) Mother:
Provided that the term "Mother" includes the step-mother.
(3) Son:
Provided that the term "Son" includes the step-son.
(4) Son's wife.
(5) Daughter.
(6) Daughter's husband.
(7) Brother:
Provided that the term "Brother" includes the step-brother;
(8) Sister:
Provided that the term "Sister" includes the step-sister.

Also two more columns can be added:

1) Name of the other partners in each of the firms in which I am a partner.
2) Name of all partners in each of the firms in which any of my
relatives is a partner.

Thanks,

Deeraj

On 4/1/14, Deepesh Nayak <csdeepe...@gmail.com> wrote:
> This is not only for list of members but a format to take their relatives
> detail. A director have to mentioned the name of their relatives at the
> right hand side place and also provide his/her concern or interest in any
> entity, whether directly or indirectly.
>
> Indirect interest may be through relatives therefore, director should well
> aware about this.
>
> Others inputs are requested.
>
> Regards,
> Deepesh
>
>
> Thanking you,
>
>
>
> **CS Deepesh Kumar Nayak* Company Secretary*
>
> * *Mob. 097134-80215**csdeepe...@gmail.com <csdeepe...@gmail.com>**
>
>
>
> On Tue, Apr 1, 2014 at 5:47 PM, trupti chavan
> <truptic...@gmail.com>wrote:
>
>> Is the List of Relatives is Compulsory to give under section 2 ( 77) of
>> new act 2013
>> Please advise
>>
>>
>> On Tue, Apr 1, 2014 at 5:01 PM, trupti chavan
>> <truptic...@gmail.com>wrote:
>>
>>> Please see attached the updated disclosure under section 184. I
>>> understand MCA has not release any draft under section 164, please
>>> confirm
>>>
>>>
>>> On Tue, Apr 1, 2014 at 4:41 PM, Deepesh Nayak
>>> <csdeepe...@gmail.com>wrote:
>>>
>>>> Dear Trupti,
>>>>
>>>> I have a format of the same with annual notice of disclosure which i am
>>>> sharing here. I also request to all the learned members kindly check
>>>> and
>>>> suggest, if any, addition / corrections are required.
>>>>
>>>>
>>>> Regards,
>>>> Deepesh
>>>>
>>>>
>>>>
>>>> Thanking you,
>>>>
>>>>
>>>>
>>>> **CS Deepesh Kumar Nayak* Company Secretary*
>>>>
>>>> * *Mob. 097134-80215**csdeepe...@gmail.com
>>>> <csdeepe...@gmail.com>**
>>>>
>>>>
>>>>
>>>> On Tue, Apr 1, 2014 at 4:38 PM, trupti chavan
>>>> <truptic...@gmail.com>wrote:
>>>>
>>>>> Please provide the draft of Annual Declaration under section 164 of
>>>>> new
>>>>> Act, 2013
>>>>>
>>>>> --
>>>>>
>>>>>
>>>>> TRUPTI C
>>>>>
>>>>>
>>>>>
>>>>> [image: gogreen.jpg]
>>>>>
>>>>>
>>>>>
>>>>> *Please consider the environment before printing this e-mail. Paper is
>>>>> made out of trees. Conserve, Reduce, Re-use, Renew and Recycle !*
>>>>> *Thank you*
>>>>>
>>>>> *"Good decisions come from experience, and experience comes from bad
>>>>> decisions."*
>>>>>
>>>>>
>>>>> --
>>>>> --
>>>>> ************************************************
>>>>> 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
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>>>>> an email to csmysore+u...@googlegroups.com.
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>>>>>
>>>>
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>>>> ************************************************
>>>> 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
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>>>> For more options, visit https://groups.google.com/d/optout.
>>>>
>>>
>>>
>>>
>>> --
>>>
>>>
>>> TRUPTI C
>>>
>>>
>>>
>>> [image: gogreen.jpg]
>>>
>>>
>>>
>>> *Please consider the environment before printing this e-mail. Paper is
>>> made out of trees. Conserve, Reduce, Re-use, Renew and Recycle !*
>>> *Thank you*
>>>
>>> *"Good decisions come from experience, and experience comes from bad
>>> decisions."*
>>>
>>>
>>>
>>
>>
>> --
>>
>>
>> TRUPTI C
>>
>>
>>
>> [image: gogreen.jpg]
>>
>>
>>
>> *Please consider the environment before printing this e-mail. Paper is
>> made out of trees. Conserve, Reduce, Re-use, Renew and Recycle !*
>> *Thank you*
>>
>> *"Good decisions come from experience, and experience comes from bad
>> decisions."*

Rajesh P

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Apr 1, 2014, 8:34:58 AM4/1/14
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thanks......

Deepesh Nayak

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Apr 1, 2014, 8:37:00 AM4/1/14
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Thanks Mr. Dhiraj, if anyone have more inputs, kindly let us know.


Regards,
Deepesh


Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary
 *Mob. 097134-80215*
*csdeepe...@gmail.com*




Pooja Khurana

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Apr 4, 2014, 2:21:39 AM4/4/14
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plz friends , tell me is not only Form MBP1 in the prescribed format as under Rules is required to be made and the list of relatives as such unlike previous format is required as per the new format. 


plz suggest your opinions.

Aditya Rungta

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Apr 4, 2014, 2:30:38 AM4/4/14
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Hi Pooja
 
In my opinion for the financial year 2013-14, the old format will work. Dont be confused with new formats.
 
Regards
Aditya Rungta

Pooja Khurana

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Apr 4, 2014, 2:40:12 AM4/4/14
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Mr. Aditya, we are in the opinion of taking directors disclosure as per New Act because this disclosure is required to be renew for further financial year by giving a fresh notice given in the last month of FY as per old Act , but as Sec 184 has been made effective from 01.04.2014 i.e. FY 2014-15 , we will be complying this as per NEW Act, 2013

VIMAL SHARMA Compliance

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Apr 4, 2014, 2:40:56 AM4/4/14
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But we are giving disclosure for FY 2014-15, where definition of related party has been changed


On Fri, Apr 4, 2014 at 12:00 PM, Aditya Rungta <csru...@gmail.com> wrote:

Aditya Rungta

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Apr 4, 2014, 2:41:55 AM4/4/14
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I accept your views Pooja. But there is no such formats given in 2013 Act.

VIMAL SHARMA Compliance

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Apr 4, 2014, 2:47:43 AM4/4/14
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March 31st 2014

                     

The Board of Directors                                    

Respected Sirs,

 

Sub: Disclosure of nature of interest or concern/ change in interest or concern

 

Pursuant to the provision of Section 184 of the new Companies Act, 2013 (corresponding section 299 of the old act) general notice of disclosure as given by you for the financial year 2013-14, is going to be expired on 31st March, 2014. We therefore, request you to kindly provide to us a fresh disclosure of interest / concern for the financial year 2014-15 in the enclosed format.

Further, as per the provision of section 164(1) of the new Companies Act, 2013 (corresponding section 274(1) (g) of the Companies Act, 1956) we, confirm that there has been no failure on the part of the Company in filing the Annual Accounts & Annual Returns with the Registrar of Companies, NCT Delhi & Haryana for continuous three financial years including financial year 2013-14, nor has the Company failed to repay its deposits or interest thereon on due date or redeem its debentures on due date or pay its dividend.

 

In view of our above confirmation, an intimation under section 164 (1) regarding disqualification of directors is required to be given by directors in the prescribed form. The said form is also enclosed for submission to the Company.

 

You are requested to kindly provide to us the aforesaid disclosure/intimation at the earliest.

 

Thanking you,

 

Yours faithfully,

For Limited

 

 

 

Authorised Signatory

 

 

GENERAL NOTICE

(Information required under Section 184 and 188

of the Companies Act, 2013)

To

The Board of Directors


Dear Sir(s),

I, _____________son/daughter of _____________ resident of _________________ being a Director / KMP/Manager in the company hereby give my basic information’s as may be required from time to time by the Company:-

 

1

Name in Full

 

 

2

PAN

 

 

3

DIN

 

 

4

Date of Birth

 

 

5

Fathers name/Husbands name in full

 

 

6

Business occupation

 

 

7

Present Nationality

 

 

8

Nationality of origin

 

 

9

Status in the Company, whether Director or KMP

 

 

10

No of shares held in the Company together with the relatives/PAC

Name                    LF                No. of shares

1.

2.

3.

4.

 

 

12

Usual residential address with

Telephone no.,    :

Mob. No             :

Email id.             :   

 

 

 

 

 

13

Office Address with

Telephone no., extension/ direct no.

Email-id, if any.

 

 

 

14

Educational Qualification

 

 

15

Details of office held in other body corporate as director/ Chairman/Vice chairman/ Managing Director/ Manager/ Secretary/ Member/Sole Proprietor (Form no. 12.1 )

 

16

Information required for the purpose of Section 188

 

 

 

17

Information relating to relatives as defined under section 2(77)

 

 

18

If the director is nominated in the company on behalf of a Body corporate the following further details regarding said Body corporate

Corporate Name

Address of the registered office of the Body Corporate which he is nominee

 

 

19

Other information’s:

(1)    Details for defaults committed if any, for which prosecution launched/ fine/penalty imposed.

(2)    Confirmation that I am not disqualified for re-appointment as a director of the Company.

(3)    None of my relative have been appointed under the office or place of profits.

(4)    I am not interested financially or otherwise in any transaction made by the Company

 

 

Note: Attach separate sheet, if required.

 

 

 

 

Date:                                                                                                  Signature

Place:                                                                                                 Name


 

FORM NO. MBP 1

NOTICE OF INTEREST BY DIRECTORS

[Pursuant to section 184 (1) & rule 9(1)]

To

The Board of Directors


 

Dear Sir(s),

I, ___________ son/daughter/spouse of _____________ resident of _____________________ being a Director/KMP in the company, hereby give notice of my interest, directly or indirectly, or concern in the following company or companies, bodies corporate, firms or other association of individuals:-:

 

Sr. No.

Names of the Companies/ bodies Corporate/firms/ association of  individuals etc.

Nature of interest or concern/ change

in interest or concern

Shareholding

(No. of Shares & % of holding)

Date on which interest or concern

arose/changed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature

:

 

Name

:

 

Designation

:

 

Date  & Place

:

 

 


 

 

A.   Public/Private Limited Company(ies) / Bodies Corporates, incorporated outside India of which I am a Director and Shareholding of more than 2% in a Private Limited Company/Public Limited Company / Club or Trust, in which I am a Member

 

Sr.

No.

Names of the Companies/ Bodies Corporate / Club / Trust etc.

 

Nature of interest

or concern / change

in interest or concern

Shareholding

(No. of Shares & % of holding)

Date on which interest or concern arose / changed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.    Firms in which I am a Partner/Sole Proprietor

Sr. No.

Names of the Firms

/ Sole Proprietor

 

Nature of interest or concern/ change

in interest or concern

Shareholding

(if any)

Date on which interest or concern arose /

Changed

 Name of the other partners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C.   Firms in which any of my relatives (mention the relation) is a Partner/Sole Proprietor

Sr. No.

Name of the Relative

Relations

Names of the Company Firms / Sole Proprietor etc.

 

Nature of interest or concern/ change

in interest or concern

Shareholding, if applicable

Date on which interest or concern arose /

Changed

Name of the other partners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Note: The information in the `C’ was given covering all of my relatives as covered under the list of relatives prescribed under the section 2(77) of the Companies Act, 2013.

 

D.   List of relatives – For the purposes of sub-section (77) of section 2 of the Companies Act 2013, the following are my relatives:

 

Sl. No.

List of Relatives

 

1

Father

 

2

Mother

 

3

Son

 

4

Son’s wife

 

5

Daughter

 

6

Daughter's husband

 

7

Brother

 

8

Sister

 

 

 

               Date:                                                                                               Signature

               Place:                                                                                              Name

 

 

 

Declaration

 

I do hereby declare and confirm that the above said information’s in the General Notice, [Pursuant to section 184 (1) & rule 9(1) and the annexure A to D has been furnished as true and correct to the best of my knowledge as on the date of this disclosure of Interest and I shall take responsibility for its correctness and shall be liable for fine if any imposed on the Company, its directors and KMP, if the same found wrong or incorrect in future.

 

I further undertake to intimate immediately upon changes if any to the Company for updating of the same.

 

Date:                                                                                      Signature

Place:                                                                                     Name

 

 

 


To,

 

The Board of Directors,


 

 

 

Re: Compliance pursuant to Section 164 of the Companies Act, 2013.

 

 

Dear Sir,

 

I ________________, Director of  do hereby declare that I am not disqualified to act as the Director under any of the circumstances stipulated under Section 164 of the Companies Act, 2013 and that I at present, stand free from any disqualification from being a director under other provisions of Section 164 of the Companies Act, 2013.

 

 

Thanking you,

 

Yours faithfully,

 

 

 

Director

DIN:

 

Date :

Palce:


 

To,

 

The Board of Directors,


 

Sub: Declaration under sub-section (6) of section 149;

 

I,__________, hereby certify that I am a Non-executive Director of Jay Ushin Limited and comply with all the criteria of independent director envisaged in Clause 49 of the Listing Agreement and applicable provisions of Companies Act, 2013 as & when it may be notified. I hereby certify that:

 

-          I am not a promoter of the company or its holding, subsidiary or associate company;

-          I am not related to promoters or directors in the company, its holding, subsidiary or associate company

-          I have/had no pecuniary relationship with the company, its holding, subsidiary or associate company, or their promoters, or directors, during the two immediately preceding financial years or during the current financial year;

-          none of my relatives has or had pecuniary relationship or transaction with the company, its holding, subsidiary or associate company, or their promoters, or directors, amounting to 2% or more of its gross turnover or total income or Rs. 50 Lacs or such higher amount as may be prescribed, whichever is lower, during the two immediately preceding financial years or during the current financial year;

-          Neither Me nor any of my relatives—

(i)                  holds or has held the position of a key managerial personnel or is or has been employee of the company or its holding, subsidiary or associate company in any of the three financial years immediately preceding the financial year

(ii)                is or has been an employee or proprietor or a partner, in any of the three financial years immediately preceding the financial year of—

(A)a firm of auditors or company secretaries in practice or cost auditors of the company or its holding, subsidiary or associate company; or

(B) any legal or a consulting firm that has or had any transaction with the company, its holding, subsidiary or associate company amounting to 10% or more of the gross turnover of such firm;

    (iii)         holds together with his relatives 2% or more of the total voting  power of the company; or

(iv)                is a Chief Executive or director, by whatever name called, of any nonprofit organisation that receives 25% or more of its receipts from the company, any of its promoters, directors or its holding, subsidiary or associate company or that holds 2% or more of the total voting power of the company; or

 

 

 

Thanking you,

 

Yours faithfully,

 

 

 

Director

DIN:

 

Date :

Palce:

 

Indrani Sanka

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Apr 4, 2014, 2:46:44 AM4/4/14
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HI,

Strictly speaking the directors u/s 299 should have given their disclosure during the month of March 2014. which means disclosure under form 24 AA should have been received from the director even before the notification came into place. when that be the case how can you get the disclosure in the month of April in the new format.  It clearly states that there is non compliance. Why do we need to put ourselves in trouble if this question is going to be asked by our board members or auditors...

Regards,
Indrani
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