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Csr commitee

Dipa K (CS) (70 Points)

06 May 2014

Dear Sirs frinds,

1.My company is falling under section 135 of companies act 2013 for composition of CSR Commitee.Is there any penal interest if not form CSR Commitee or not trf .2% for social casue?..

2.Dislcosure in MBP 1 form under section 184 of companies act 2013 has to file in any form on MCA site?..

Regards,

Dip

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6 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 07 May 2014

1. Penalty for not constituting CSR Committee: General penalty u/s 450

In case of non-utilisation of 2% amount for CSR: Give reasons in Board's report [Second Proviso to Sec.135(5)].

2. No, MBP.1 is not required to be filed.

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Dipa K (CS) (70 Points)
Replied 07 May 2014

Thanks sir for reply. so we can give the reason for not trf. 2% in Board report should be sufficiant .,,,,

Regards,

Dip

Avneesh Mishra (CS Trainee) (502 Points)
Replied 07 May 2014

Dear Deepa,

Agreed with Agrawal Sir...

Form 12. 1 - Notice of Interest by Director (Pursuant to section 184 (1)) need not to be filed with MCA, however they are required to be recorded for the purpose of Statutory Audit and Secretarial Audit (if applicable). The Form as specified in act, has been attached for your reference.

In regard to penal provision for the Non Constitution of CSR Committee - As per Section 450, Fine may extend to ten thousand rupees, and where the contravention is continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues.

Regards,

Avneesh Mishra.

Attached File : 1179043 1314716 forms for ch 12 dated 12 09 2013.pdf downloaded: 126 times