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Declaration u/s 274 (1) (g), Form DD-A & Form 24AA (Corporate Law)

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This query is : Resolved



( Author )
08 July 2010

Is declaration u/s 274 (1)(g)& Form DD-A are diffrent?

When to take declaration u/s 274 (1)(g, Form DD-A & Form 24AA from the Director?

Additional Director at the time of appointment submitted to the Company Form 24-AA, Form DD-A & Declaration u/s 274 (1)(g), Now when the said Director regularised/appointed as a regular director at AGM, then it need to take once again the said declaration, Form DD-A & Form 24AA?

Pls clarify

Thank You.


B.Chackrapani Warrier

( Expert )
08 July 2010

1) Rule 9 of Companies (Disqualification of Director's under section 274(1)(g) of the Companies Act,1956) Rules 2003 says Form DD-A has to be obtained before appointment or re appointment. Hence, once again the Director has to give the form before he is regularized.

2) As per section 299(3)(b), form 24-AA has to be obtained every year subject to the restrictions contained in sub section 6. Hence ,if the appointment and regularization do not fall in the same financial year, form 24-AA has to be taken afresh.


G. Sushant

( Author )
09 July 2010

Is same to be taken at the time of change in designation of Director say for e.g. from Non-Executive to Executive or Director to MD?

Thanks!


Rasesh

( Expert )
09 July 2010

Need not be taken again.


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