Dir-8, MBP-1 requirement by auditors as on 31-03-2018, is it mentioned some where!

[.]

Dear All,

One of our directors left the company on 9th April, auditors are asking MBP-1 and DIR-8 as on 31-03-2018 so as to see that none of the directors are disqualified at the date of balance sheet. 

As per sec 164(2) of the companies act read with rule no. 14 of the Companies (appointment of directors) rules, 2014, Every director shall inform to the company  concerned about its disqualification under 164(2), if any, in Form DIR-8 before he is appointed or re-appointed.

also under section 

184. Disclosure of interest by director

(1) Every director shall at the first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year or whenever there is any change in the disclosures already made, then at the first Board meeting held after such change, disclose his concern or interest in any company or companies or bodies corporate, firms, or other association of individuals which shall include the shareholding, in such manner as may be prescribed [form MBP-1].

Initially DIR-2, DIR-8 and MBP-1 as collected from directors at the start of the FY 2017-18 and some again during Annual General Meeting was already shared to Auditors.

Yet they are asking for the same as on 31-03-2018. i got it for all directors except for the one who resigned as he is not reachable now.

Now the auditors are saying without the MBP-1 and DIR-8 it would come as a reporting requirement.

I want to know if really some where it is written or referred for providing MBP-1 and DIR-8 as on 31-03-2018 .

Please help, it urgent.

Thanks and Regards, 

[.]

Guys further addition to the topic, auditor under CA 2013  its under 143(3)(g) (as an inferred document).. doesn't make sense to me.

[Deepak Arya]

there is no such requirement to provide the MBP1 etc as on 31st March.
Let them write the same in the Auditor's Report.

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Thanx & Regards

Deepak Arya
B. Com (H), ACS
9716525280

[sameer kumar]

Hi

In audit report the auditors has to mention that none of the director is disqualified, so on what basis, they will conform the same. This is the reason why they are asking for the same.

Regards

Sameer Srivastava

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Thanx & Regards

Deepak Arya
B. Com (H), ACS
9716525280

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[Deepak Arya]

they can always check the status of the DIN over the MCA website.

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>> Thanx & Regards
>>
>> Deepak Arya
>> B. Com (H), ACS
>> 9716525280
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[.]

but that doesn't mean that i will go beyond act and ask for declaration as on 31st March every year. i have already provided the documents atleast once in each fiscal year. then the section shall clearly define that again as on 31st march every year companies should take MBP-1 and DIR-8 from its directors.

Sameer Srivastava

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Thanx & Regards

Deepak Arya
B. Com (H), ACS
9716525280

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[Govinda Patil]

Dear all

Please refer  section  189  (2)

within  30 days of  his appointment  or relinquishment ....  disclose particulars  of Section  184(1).

Auditor is right in asking.

Though responsibility may not be on Company, there would be default  on the part of outgoing director.

[csyawarusmani]

The auditors asks for Form DIR-8 as on 31st March as they have to report on the qualification of director in their report [ Refer section 143(3) of CA, 2013].

They are right in their stand.

Thanks,

Yawar Usmani

Connect - +91-9713360025/+91-8319111430

Practicing Company Secretary

Mumbai