Previous section 274(1)(g)

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sachin kumar

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Jun 2, 2014, 1:24:30 AM6/2/14
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Dear all

Now in which section give declaration in place of 274(1)(g) and what form requirwd for the same and for the same we required any fillilng with roc.plz let me know.

Richa Sharma

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Jun 2, 2014, 2:11:41 AM6/2/14
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Section 164(2) of the Companies Act 2013 is the corresponding section to section 274(1)(g) of the Companies Act 1956. Declaration is to be filed in Form DIR-8 which u can find under rules of chapter XI.

sachin kumar

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Jun 2, 2014, 2:43:37 AM6/2/14
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Tnanks richa thi form will file to roc or not an plz can u provid m the format for the same.

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Richa Sharma

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Jun 3, 2014, 4:35:54 AM6/3/14
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This form is not required to be filed with ROC.
Format is available on MCA website under chapter XI rules.

ranjith shetty

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Jun 3, 2014, 6:11:20 AM6/3/14
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Dear all,
Section 164(2) read with rule 14(1) of companies (appointment and qualification of directors) rules, 2014 requires only intimation by director in form-8 at the time of appointment or reappointment.
 
where it is mentioned that an yearly disclosure is to be made under section 164(2)?
 
 
Best Regards
Ranjith

Chirag Bagadia

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Jun 3, 2014, 6:37:19 AM6/3/14
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Refer Section 143 (3) (g), The auditor's report shall state whether any director is disqualified from being appointed as a Director under Sec 164 (2)

Hence DIR 8 needs to be taken on yearly basis

Other views are solicited

Regards

Chirag Bagadia
CS & Leagl
Radio City 91.1FM

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Thanks and Regards
Chirag Bagadia
ACS, LLB, Mcom

ranjith shetty

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Jun 3, 2014, 7:23:27 AM6/3/14
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Dear Chirag,
 
Intimation in DIR-8 is required only on appointment or reappointment.
 
So Director can give a simple declaration, stating that he is not disqualified under Section 164(2). It need not be in a DIR-12 Format.
 
Other views are solicited
 
Best Regards
Ranjith
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