Form MBP1

[Kanak Jain]

Dear All

We have taken form 24AA (section 299) and form DDA (section 274(1g).

Please also ensure to take declaration of interest of directors in prescribed form MBP1 and to file the resolution of taking note of interest with ROC within 30 days in prescribed form MBP14. Is MBP form is also required to take from all directors on 1st April, 2014 and to file with ROC within 30 days.

thanks & regards

kanak jain 

[Milan Mehta]

hi,

where it is written that we need to file form MGT14 to take a note of Directors Interest. (Which Section / rules)

Further for we have taken disc on 31.03.2014 do we have to take again?

regards

[Simranjeet Singh]

to take note on disclosure of director interest and shareholding is covered in the rules prescribed for purpose of Section 179(3) of CA, 2013  in Chapter 12.. since chapter 12 rules are notified but not published in the official gazette they are not effective yet..  moreover the form MGT-14 which is to be filed for this will not be available for filing from 14/04/2013 as it not mentioned in the list of 39 new eforms to be introduced and the further date on which this form will be available is also not mentioned in circular no. 06..

 Thanks & Regards

 ACS Simranjeet Singh

 

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

 

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[Premnarayan]

Dear Friends,

 

The Form MGT 14 is there in the circular 6/2014. (to be available from 14/04)

 

24

MGT-14

Filing of Resolutions and agreements to the Registrar under section 117

23

 

Except the matters specified in the Rules (not yet NOTIFIED), all the matters described in Sec. 179(3) requisites the filing. (produced below for reference)

 

(a) to make calls on shareholders in respect of money unpaid on their shares;

(b) to authorise buy-back of securities under section 68;

(c) to issue securities, including debentures, whether in or outside India;

(d) to borrow monies;

(e) to invest the funds of the company;

(f) to grant loans or give guarantee or provide security in respect of loans;

(g) to approve financial statement and the Board’s report;

(h) to diversify the business of the company;

(i) to approve amalgamation, merger or reconstruction;

(j) to take over a company or acquire a controlling or substantial stake in another company;

(k) any other matter which may be prescribed:

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

[mann vishwakarma]

Dear Members,

Can Company Secretary also have to give declaration in Form MBP1??

[Deepesh Nayak]

Yes, as a KMP, a CS also has to give declaration in form MBP1 even CFO will has to give this declaration.

Regards,
Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

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

[mann vishwakarma]

Dear Deepesh,

As per Section 184 only Directors have to give declaration.. Where it is mentioned tht KMP also have to give declaration in Form MBP!??

[Deepesh Nayak]

Ohh sorry, actually i listened somewhere and replied accordingly without gone through the provisions of section 184, even we are also taking disclosure from directors as well as other KMPs. However, as now the old format is in existence which not requires for declaration from other person except director.

But, anywhere i read it, i find it useful and i think this disclosure should be obtain from KMP and not only for director, because in some sections the transactions also attract on KMP.

Sorry i may be wrong on your question, but in my opinion we should also get disclosures from KMP as per new section of Companies Act, 2013.

Others view solicited.

Regards,

Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

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

[Premnarayan]

Dear Friend,

 

It’s mentioned in Sec. 189(2) produced below for reference;

 

(2) Every director or key managerial personnel shall, within a period of thirty days of his appointment, or relinquishment of his office, as the case may be, disclose to the company the particulars specified in sub-section (1) of section 184 relating to his concern or interest in the other associations which are required to be included in the register under that sub-section or such other information relating to himself as may be prescribed.

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

 

[Deepesh Nayak]

Thanks you so much Mr. Premnarayan sir.

Regards,

Deepesh

Thanking you,

*CS Deepesh Kumar Nayak*
 Company Secretary

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

[Premnarayan]

Dear Deepeshji,

 

You’re welcome.

 

There is a discrepancy in Sec. 184 and 189 w.r.t. disclosure of interests and maintenance of the register.

[cssaik...@gmail.com]

Dear All

The Form MGT 14 is just like form 23 of the old act for registering SR. I have gone through the form and i didn;t find anywhere in the form mentioned space for filling the declaration of interest

Further declaration of interest has to be taken in MGT 1 and since the declaration is always taken on 30.3.2014 this can also be waived.

PLEASE SPECIFY THE SECTION OR THE RULES WHERE IT IS WRITTEN THAT THE DECLARATION HAS TO BE FILLED WITH THE ROC CAUSE AS PER MY UNDERSTANDING THERE IS NO NEED TO FILE THE SAME WITH THE ROC

On Tuesday, April 8, 2014 3:59:32 PM UTC+5:30, kanak jain wrote:

[Neeti Agarwal]

Dear All,

Can anybody provide me with form No MBP -1. 

Regards

Neeti

--

[CS. JAYANT SUTHAR]

PFA

form MPB 1 & DIR 8

--

Jayant Suthar

M.Com., ACS, CWA (Int.)

[CS. JAYANT SUTHAR]

both form are in place of sec 299 & 274(1(g) of old act

and please do not put ur own views without any read

and if giv views please giv the ref of sec 

[Milan Mehta]

rule 8: chapter XII, powers of board

[Kasturi Prasad]

Dear Premnarayan,

1.  From section 189(2), it looks that KMP has to disclose particulars specified under sec 184(1) only on two occasions; 

a.  Appointment b.  Relinquishment of office.  Unlike directors, KMPs need not disclose their interest in other entities every year.  Is this interpretation correct? please clarify.

2.  Requirement of disclosure of interest at the time of appointment can be considered reasonable.  But why should one disclose interest at the time of relinquishment of office?  What is the intention behind?  

Thanks

Kasturi S

[Premnarayan]

Dear Kasturi,

 

1.      Your Interpretation is correct. But the format is no prescribed.

2.      Disclosure at the time of relinquishment seems irrational, as what the company would do from the information provided by the outgoing fellow……..

3.      Lastly, as per my view such disclosures must be periodical to serve the purpose behind such provisions in the Act.

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

 

[Kasturi Prasad]

Thank you very much Premnarayan.

Further, we can also interpret that any KMP appointed after the commencement of the new Act will have to give disclosure.  Existing KMPs need not give.  

Thanks

Kasturi S