Re: G.S.R. 801(E).— OFFICIAL GAZETTE NOTIFICATION FOR DESIGNATING A PERSON FOR NOTIFYING BENEFICIAL INTEREST IN THE SHARES

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R V Seckar

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Oct 12, 2024, 9:27:55 AM10/12/24
to cschennai, CSMysore


On Sat, Oct 12, 2024 at 6:50 PM R.V. SECKAR via LinkedIn <newslette...@linkedin.com> wrote:
MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New…
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R.V. SECKAR
Open UPDATES ON CORPORATE LAWS
UPDATES ON CORPORATE LAWS
Key Changes in the Amendment 1. Substitution of Form MGT-6 -Declaration of Beneficial Interest
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G.S.R. 801(E).— OFFICIAL GAZETTE NOTIFICATION FOR DESIGNATING A PERSON FOR NOTIFYING BENEFICIAL INTEREST IN THE SHARES

Author image R.V. SECKAR
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MINISTRY OF CORPORATE AFFAIRS NOTIFICATION

New Delhi,                                                      the 27th October, 2023

G.S.R. 801(E).—

In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Management and Administration) Rules, 2014, namely:-

 1.  Short title and commencement.-

(1) These rules may be called the Companies (Management and Administration) Second Amendment Rules, 2023.

(2) They shall come into force on the date of their publication in the Official Gazette.   2.  In the Companies (Management and Administration) Rules, 2014, in rule 9, after sub-rule

(3), the following sub-rules shall be inserted, namely:-

“(4) Every company shall designate a person who shall be responsible for furnishing, and extending co-operation for providing, information to the Registrar or any other authorised officer with respect to beneficial interest in shares of the company.

  (5) For the purpose of sub-rule (4), the company may designate-

(i) A company secretary, if there is a requirement of appointment of such company secretary under the Act and...

This email was intended for R.V. SECKAR (PRACTICING COMPANY SECRETARY ,REGISTERED INDEPENDENT DIRECTOR, CONSULTANT IN FEMA , INSOLVENCY LAWS AND CORPORATE LAWS )
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CS R.V.Seckar
Practicing Company Secretary 
Registered Independent Director 
 CP NO:  20565
JIO- 79047 19295


Shubhra garg

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Oct 14, 2024, 1:52:47 AM10/14/24
to csmy...@googlegroups.com
Is it for every company or for companies having beneficial interests?

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CS Shubhra Garg

R V Seckar

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Oct 14, 2024, 3:52:05 AM10/14/24
to csmy...@googlegroups.com
As per above notification Every company

CS R.V.Seckar
Practicing Company Secretary 
Registered Independent Director 
 CP NO:  20565
JIO- 79047 19295

Shubhra garg

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Oct 14, 2024, 4:19:10 AM10/14/24
to csmy...@googlegroups.com
But sir it says 

with respect to beneficial interest in shares of the company. 

If there is no beneficial interest then also we have to authorize a person?



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CS Shubhra Garg

Law Firm

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Oct 14, 2024, 5:04:33 AM10/14/24
to csmy...@googlegroups.com
The very purpose is to ensure there is a responsible officer of the entity overseeing and reporting the beneficial interest. As such, the appointment is mandatory and he or she may report a negative affirmation as well.
Thus,a compulsory obligation on part of the Company. 
PVR LAWS 

Manisha Bajaj

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Oct 14, 2024, 5:13:50 AM10/14/24
to csmy...@googlegroups.com, pvr...@gmail.com
Can we authorise 1 director or every director is responsible. becoz under the new amendment it says every director...



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Thanks & Regards,


Manisha Bajaj & Associates


Company Secretaries


Ph No:9819812361.

Nishant Jain

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Oct 14, 2024, 6:39:33 AM10/14/24
to csmy...@googlegroups.com

(5) For the purpose of sub-rule(4), the company may designate-

 

(i) a company secretary, if there is a requirement of appointment of such company secretary under the Actand the rules made thereunder; or

 

(ii) a key managerial personnel, other than the company secretary; or

 

(iii) every director, if there is no company secretary or key managerial personnel.

 

(6) Until a person is designated as referred under sub-rule (4), the following persons shall be deemed to have beendesignated person;

 

(i) company secretary, if there is a requirement of appointment of such company secretary under the Act andthe rules made thereunder; or

 

(ii) every Managing Director or Manager, in case a company secretary has not been appointed; or

 

(iii) every director, if there is no company secretary or a Managing Director or Manager. (7) Every company shall inform the details of the designated person in Annual retur

Nishant jain
8470877451

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