Form mbp1

Pvt ltd 24944 views 17 replies

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???

Replies (17)

DEAR LALIT,

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

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

Disclosure of Interest by Directors under CA, 2013

 

As per section 184(1) of Companies Act, Every director shall:

 

  1. At the first meeting of the Board in which he participates as a director; and thereafter
  2. At the first meeting of the Board in every financial year or
  3. 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

if director is resignation from 2 company & join other 3 then what we do?
Nice reply Mr. Ankur

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

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?

OR

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.

 

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

 

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

 

Please go through my detailed reply above.

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?

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

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.

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.?

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

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register