Mandatory to File Form DIR-8 in case of Private Company

[RAJI KUMAR]

Dear Members,

Is it mandatory to fill Form DIR-8 by a Director to Intimate his disqualifications if any as per section 164 (2) and Rule 14(1).

Rule  14(1) of the Chapter 11 states that: -

 

(1) Every director shall inform to the company concerned about his disqualification under sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed.

Kindly clarify the same.

Regards,

Raji Kumar

 

[Simranjeet Singh]

Yes it is compulsory for both public and pvt ltd 

 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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[RAJI KUMAR]

Dear Simranjeet,

However Rule 14(1) states that form dir-8 required at the time of appointment or re-appointment of director.

In a private Company rotation of Director is also not there.

Please justify your statement.

Regards,

Raji

[Simranjeet Singh]

Sir earlier section 274(1)(g) was there.. and we used to take it on annual basis...... now in the Section itself all Co's are included... moreover it is also reported by statutory auditor in his audit report tht none of the director is disqualified frm appointment on the basis of statements obtained frm them

So, Accordingly this will be required annually whether directors are appointed or reappointed or not ..

[RAJI KUMAR]

https://groups.google.com/forum/#!topic/csmysore/enU_f3Uj7Ug

Kindly go through this webpage. You will get a clear picture what all changes has been made in Section 274 (1) (g) and Section 164 (2).

Please have  a look.

[Simranjeet Singh]

Sir have gone through.. but my view is same... 

whether u hav any  contrary view on this  then please share..

[Simranjeet Singh]

whether you r of the view that it is required only at the time of appointment or reappointment and not on annual basis ?

[RAJI KUMAR]

Rule 14 (1) clearly define so

Every director shall inform to the company concerned about his disqualification under sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed.

[Simranjeet Singh]

but then why Statutory auditor used to include the disqualification statement in there report even in case of pvt co and also in that case no appointment and reapointment were made during the year ?

[RAJI KUMAR]

you are right as per section 143 (3) (g) also highlight the same.

So according to you its mandatory.

Now am planning to mail my director to fill and sign dir-8 for 2014-15

[Simranjeet Singh]

Yes Sir.. even i m planning to do this.. it is always better to do pre-compliance.. :)

[RAJI KUMAR]

You are right.

[Shubhra garg]

will this Form  DIR -8 will go as attachment??

CS Shubhra Garg