Format : MBP 1

[Deepesh Nayak]

Good Evening Friends,

Please find the attached format of MBP 1. You all are requested to please check and confirm the same. Some additional disclosure is also needed in the form like of AOP, BOI etc.

Please revert me with any suggestion or corrections, if required in the format.

Regards,
Deepesh

[CS Alpesh Dhandhlya]

Dear Mr. Nayak

Your effort is really appreciable and your have try to include every thing.

However, as per my opinion, the requirement of separate disclosure under Section 184 (2) (a) (i.e. holding 2 % or more ) is yet to be included separately.

[Rakhi Singh]

Nice Job Dear

Whole section 184 says about the disclosure of Interest by director, so as per my understanding this sheet is correct. 

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Thanks & Regards,

 Rakhi Singh

Company Secretary

NKG Infrastructure Limited

CIN-U74899DL1989PLC038371

Tel-+91-11-23413731

Fax-+91-120-4537458

Mob# - +919990664838

[Deepesh Nayak]

Thanks alpesh ji,

As no separate form has prescribed, therefore we can take it in mbp 1 and i also added column of shareholding in disclosure, however not specified 2% only.

What we should now.... we take a meeting with all directors and inform to them abt this requirement of disc, manner of filling, consequence for not filing etc etc.

Deepesh

[CS Alpesh Dhandhlya]

Hello Dear Deepesh Ji

As in the old Act, we were taking the disclosure like ''List of Companies in which Mr. x holds 1 % or more equity shares'' 

So in NCA, 2013, the Section 182 (2) (a) provides it as ''holding more than 2 % ''so is it not better to make separate disclosure thereof ?

[Deepesh Nayak]

Ok sir. So we can add one more table for 184(2) at last of the disclosure and also ref sub section (2) at top of the disclosure.

Thanks for the same..

Members, if any other suggestion like r. Alpesh ji so please share so that we can complete the form mbp 1.

Deepesh

[CS Alpesh Dhandhlya]

Dear Nayak Ji

Excuse me, if suggesting unnecessarily but here under mentioned is also required to inserted  ;

''List of Body Corporate in which Mr. X is a Promoter, Manager or CEO''

(Please read once last line of Page 109 of Bare Act, it is there)

[Deepesh Nayak]

Dear alpesh ji,

1. MBP - 1 is annually as well as eventually requirement as and when changes occurred.

2. For sub section 2, its talk about transaction basis disclosure and form also has not been prescribed.

3. Taking of note of interest of two percent holding be possible only  when director disclose it before the board meeting or next meeting as prescribed in sub section (2).

Now, we have some options:

A. We prepare a general format of disclosure for sub section 2 and take it from each director in each meeting, wherein transactions are discussing, or

B. We add this disclosure in separate table of mbp 1 format, or

C. We should take a written confirmation from each director in each meeting, wherein transactions are discussing, that  no change in shareholding since first disclosure.

And last, i m not disturbing, we all are here for discussion and clarity and you are doing best dear.. keep it up.

Deepesh

[CS Alpesh Dhandhlya]

Dear Nayak Ji

As per my view, '' B '' is the convenient option to disclose the interest in contract or arrangement. 

[Deepesh Nayak]

Thanks Mr. Alpesh.

What you think about section 189(2) of NCA, 2013 and its disclosure requirement.?? There is also required to disclose particulars as prescribed in sub section (1) and Section 184 and this section talk about director as well as KMP.

So, if at the head of form MBP 1 i mention like this :

(pursuant to section 184(1) (2) and 189(2) of the Companies Act, 2013)

Would the same will correct. I think yes.

But other views are also welcome.

Regards,
Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[Abhinav Garg]

Please ensure the compliance of section 158 of NCA also i.e DIN No.

 

Regards

Abhinav

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[SHRADDHA SINGHI]

hello friends,

I have few queries,

1. What shall be date of interest arose in case of HUF or Partnership or individual concern. and again, where Director is a member too.

2. Would MBP.1 will have to disclose interest of director directly or indirectly i.e. through relative also, if yes, would tht not be too lengthy....

please revert at the earliest possible.

regards,

S. Singhi

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Best regards,
Shraddha Singhi
Company Secretary
+91 8795841222
"Try hard to get what you love or you will be forced to love what you get."

[VIMAL SHARMA Compliance]

regarding point 1:- date on which he became partner/proprietor/member/director.

 

[SHRADDHA SINGHI]

Thank you vimal,

in my second query i could understand that relative would also be involved, but that would be very complicated, any idea how to deal with it.

regards,

S. singhi

in.linkedin.com/pub/cs-shraddha-singhi/46/368/12a/

[Rakhi Singh]

dear,

you will have to fill the same information for relative as well.

[SHRADDHA SINGHI]

 ok, thereafter mgt 14 withing 30 days, ryt?

[Rakhi Singh]

yes

[Deepesh Nayak]

Thanks abhinav ji,

For compliance of section 158, we can add a field of DIN below the name of director.

Regards,
Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[Madhur Bain]

Dear All,

Thats a good effort and discussion. The format of MBP-1 has been specified by the MCA. Can we divert from that? 

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

Dont you think these headings of the Form contains all the information, which has been detailed in the Suggested Format.

However, as a Note to this Form MBP-1 notified by MCA, we can write the following :

Note : 1. I do not hold shares of any Private/Public company of more than 2% of the paid-up equity capital.

2. I am not a partner of any firm.

Hope this will serve the purpose.

Kindly enlighten colleagues.

Thanks and Regards

CS Madhur Bain Singh

Our CIN : L32202PB1981SGC004616

Website : www.puncom.com

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[SHRADDHA SINGHI]

Many thanks, but DIN is also to be mentioned , i believe.

correct me if i am wrong or have missed it.

regards,

S. Singhi

[Madhur Bain]

its good to mention the DIN. It would a good Corporate Governance.

[Simranjeet Singh]

DIN is required to be mentioned Compulsorily under CA, 2013 in case any information is furnished to ROC/any authority.. 

 Thanks & Regards

 ACS Simranjeet Singh

 

 Take RISKS in your LIFE. If you WIN, you can LEAD! If you LOSE, You can  GUIDE! 

 

[Deepesh Nayak]

Yes it is mandatory, please modify the format accordingly. Kindly also suggest for section 189(2) disclosure.

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[Madhur Bain]

But MBP 1 is not to be submitted to ROC. Yes MGT 14 is required to be submitted.

[Deepak Gupta]

Dear All,

Kindly Tell me if a Board Resolution passed for director appointment then it is required to fill MGT-14?

One More thing if a director appointed in DIR-12 then it required to attached Interest in Other entity so can we attach MBP-1 there also?

Thanking You

Yours Truly,

CA Deepak Gupta

[SHRADDHA SINGHI]

Is daughter a part of relative definition: STEP DAUGHTER.

[Deepesh Nayak]

Only daughter, not step daughter.


Regards,
Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

 *Mob. 097134-80215*
*csdeepe...@gmail.com*

[RAJI KUMAR]

MR-1 and DIR12, both required to be filed for appointment of a Company Secretary??