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Form mbp1

LALIT KUMAR GANERIWAL (accountant) (241 Points)

04 June 2014

WHAT IS MBP-1 WHOM TO MAY BE COMPULSORY TO FILE WHY IT IS FILE I AM DIRECTOR IN 9 COMPANY THEN ALL COMPANY MAY BE REQUIRE FILE IT WITH MGT-14???

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17 Replies

SIVASIVA (FCA, Future CA) (4935 Points)
Replied 04 June 2014

DEAR LALIT,

Please provide the question in a unambiquous manner. It is not clear about your Query.

LALIT KUMAR GANERIWAL (accountant) (241 Points)
Replied 04 June 2014

MY QUESTION IF A PERSON DIRECTOR IN 9 COMPANIES THEN ALL CO. REQUIRE TO FURNISH MGT-14 WITH MBP-1

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 04 June 2014

Disclosure of Interest by Directors under CA, 2013

As per section 184(1) of Companies Act, 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

As per section 184(1) read with rule 9(1) of Companies (Meetings of Board and its Powers) Rules, 2014, Every director shall disclose his concern or interest in any company or companies or bodies corporate (including shareholding interest), firms or other association of individuals, by giving a notice in writing in Form No. MBP 1.

Requirement of filing form MGT.14 for disclosure of interest by Director

As per Section 117(1), certain resolutions and agreements as required by section 117(3) are required to be submitted with ROC through filing form MGT.14. Section 117(3) also refers matter given in section 179(3) are also required to be reported via MGT.14.

As per section 179(3)(k) read with rule 8(5) of Companies (Meetings of Board and its Powers) Rules, 2014, taking note of the disclosure of director’s interest and shareholding shall be done by the Board only by means of resolutions passed at meetings of the Board. Hence it is duty of the company to pass board resolution to take note of disclosure of interest by Director and file a copy of that board resolution in MGT.14. within 30 days of passing board resolution.

Now it is a matter of discussion that whether form MBP.1 regarding disclosure of director’s interest is also required to be attached through form MGT.14 along with copy of resolution passed u/s 184(1). As per my opinion there is no harm in attaching form MBP.1 with MGT.14 along with copy of board resolution though there is no compulsion as far as language of form MGT.14 is concerned.

Thanks

4 Like

LALIT KUMAR GANERIWAL (accountant) (241 Points)
Replied 04 June 2014

if director is resignation from 2 company & join other 3 then what we do?

Neeraj (company secretary) (23 Points)
Replied 05 June 2014

Nice reply Mr. Ankur

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 05 June 2014

For resignation of Director form DIR.11 is required to be filed with ROC along with resignation letter. In new Act it is duty of Director to file form DIR.11.

For appointment of Director form DIR.12 is required to be filed. Consent to act as Director is required to be filed in form DIR.2.

Thanks

Vishal (business) (78 Points)
Replied 06 June 2014

Hi Ankur

1. Please clarify - what is to be done if the company has received Form 24 AA prior to 1 April 2014 and not received MBP-1 and the FORM 24 AA is noted in the first Board Meeting held after 1 April 2014.

Is the Co. required to file the disclosures in MGT 14 and attach Form 24 AA?

Is it mandatory to obtain MBP 1 for 14-15 and note in 1st Board Meeting held in the FY 14-15?

2. Further Co. has received declaration from few independent directors not all regarding their independence as required u/s 149 (7). Is this is also required to be filed ?

Please advise re the compliance by the Company.

Thanks in advance.

Nishant gupta (Audit assistant) (23 Points)
Replied 19 June 2014

CAN ANYBODY TELL ME, HOW TO FILE MBP-1 FORM ?

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 19 June 2014

Originally posted by : Nishant gupta
	CAN ANYBODY TELL ME, HOW TO FILE MBP-1 FORM ?

Please go through my detailed reply above.

2 Like

Rohit Saraogi (Pramoter / Director) (25 Points)
Replied 21 June 2014

i am having a little bit of unclarity about the "Date on which interest or concern arose". Am i suppose to disclose the date on which i acquired the shares of the company OR the date on which i was appointed as Director?

Nishant gupta (Audit assistant) (23 Points)
Replied 26 June 2014

In which form the appointment of first auditor will be filled to roc

SUNIL KUMAR NARULA (PROP) (23 Points)
Replied 01 September 2014

Is a small private limited company required to file MBP1 alongwith MGT14 when the director is only

director in that company only i.e.Mr.A is director in ABC private limited Co.only;-

Does MBP1 is required to be filed alongwith MGT14,if yes

What is due date of filing the same.

Sandeep (ASST.MANAGER ACCOUNTS) (1751 Points)
Replied 20 April 2016

ANKUR SIR,

PLEASE HELP. LAST YEAR WE HAD FILLED MGT-14. IN CURRENT YEAR THERE ARE NO CHANGES IN DIRECTORS INTEREST. CAN WE REQUIRE TO FILE MGT-14 AGAIN AND CAN HAVE TO GET MBP-1 FROM ALL DIRECTORS.?

Heena Talesara (Associate Company Secretary) (23 Points)
Replied 01 July 2016

sir

please answer my query.

if a is a director in 5 companies. and he got appointed in a new company. then new company will file mgt-14 and mbp-1 along wit it. but then after all 5 company will also file mgt-14 for disclosure of changes by director.

or it will file through mgt-14 only one time by company.

please reply