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Section 274 (1) (g)

Shristi Bawari (CS PROFESSIONAL & Trainee at GE Shipping) (128 Points)

28 March 2012

Please confirm if:

1. The declaration received by the Director has to be dated 31st March or any time prior to 31st March?

2. The Company has recently appointed a new Director. Upon appointment, the director has furnished his declaration as per the said section. Does the Company have to acquire a declaration again from the Director as on 31st March?

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5 Replies

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 28 March 2012

1. yes. it is given for next financial year.

2. In my view there is no need to give again if given recently

Shristi Bawari (CS PROFESSIONAL & Trainee at GE Shipping) (128 Points)
Replied 28 March 2012

I've just received an explanation from my colleague that the declaration must be dated 31st March or after 31st March. The auditor in its certificate certifies that the directors have not attained any disqualification as on 31st March of the financial year. Hence, the declaration can be as on 31st March or a later date.

Request the experts to please confirm.

prakash (Company Secretary) (1352 Points)
Replied 28 March 2012

According to Section 299 (3) (b) Any such general notice shall expire at the end of the financial year in which it is given, but may be renewed for further period of one financial ;year at a time by a fresh notice given in the last month of the financial year in which it would otherwise expire. No such general notice and no renewal thereof, shall be of effect uless either it is given at a meeting of the Board, or the directors concerned takes reasonable steps to secure that it is brought up and read at the first meeting of the Board after it is given.