Mbp 1 and mgt 14 - is it compulsory ?

Co Act 2013 3756 views 14 replies

Dear All,

I am a Whole time Director of a Private Limited Company  and I have no interest or directorship in any other company at present. Will I have to file MBP 1 with my company and MGT 14 with the ROC.

Please note that I am acting as a whole time director of only ONE Private Limited Company.

Kindly guide.

Thanks.

 

Replies (14)

Dear Sir

        Good day   Yes it is manadatory file MGT 14 (MBP 1) mentioning NIL disclosure.the form MBP 1 is not a mandatory attachment ,only the board resolution stating that the interest of directors been recorded will do ,if required MBP 1 may be attached as an Optional attachment.

Dear sir,

I want to know that if any person is a director of a pvt. ltd. company and their HUF having share holding in another pvt. ltd company. In this case do we need to file MBP 1 with roc or only resolution will file.

 

Company had its first board meeting under companies act 2013 in the month of June 2014 in such meeting company fails to pass the resolution regarding interest of director and same has not been incorporate in the minutes book.

2nd board meeting of the company was held in the month of aug 2014 whether now company can pass the resolution regarding director intrest and file MBP-1 since company cannot alert the reolution and minutes of the meeting held in the month of June2014

Yes, company can take note of disclosure of interest in second meeting and file MGT.14.  However,  still  it will be contravention of Sec.184 since it requires directors to disclose their interest in first meeting in which they participate as directors.

 

We can then file the MGT-14 of the first board meeting without interst of director.

if we want to disclose in the second BM held in the month of August then MBP-1 required to be teken from the director before August BM and after First BM

Chairman appoints his son to the Board whether any form is required to be file for it.

Appointed at which position....check compliance with sec 188 of the CA 2013 and related rules.....

Appointed as director of the company

Appointed as director of the company

as a normal director.....remuneration?.....

as a normal director

The relevant section will be sec 188.....if the appointment is for a remuneration < 2.5 lac/mth, then simple BOD approval is required.....if it exceeds such amount, them prior approval of the shareholders will be required by way of a Special Resolution....

Whether MBP-14 is to fle

It is to inform all that MGT 14 is a STP form and ROC is not approving the same except for some matters. Please refer the following link to confirm.

https://www.mca.gov.in/Ministry/pdf/General_Circular_28_2014.pdf

ROC may if require in future issue a notice for any default in the form in future. So it is for the safer side to attach MBP1 as an optional  attachment to MGT 14.

please refer the following link

https://www.mca.gov.in/Ministry/pdf/General_Circular_28_2014.pdf

 

Thanking you

Anshuman Jain


CCI Pro

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