Mgt 9 clarification

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RAHUL KUMAR SINGH

CA Final

35 Points Posted on 24 October 2015

Hi Friends, I have a doubt regarding MGT- 9 - Part IV (Shareholding Pattern).

Where A Person is a Shareholder in a company by Alloted Shares in 2-3 Years Back (Company registered 11 Years Back), Could It will be Counted in the Promoter's Of the Company while filing the MGT- 9 & MGT - 7; If not Where it will be shown.

Note : Company has five promoters since Incorporation and Currently it has 16 Shareholders.

Replies (2)

CS Arjun Rajagopal

B.com ACS

738 Points Posted on 25 October 2015

If promoter falls in any category of thebelow defenition he is a promoter otherwise he is not a promoter. Promoter shareholding is only required to be mentioned in mgt 9 only. As per Sec2(69) of CA,2013 �promoter� means a person� (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section 92; or (b) who has control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise; or (c) in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity;