Sec 164 and 184 of Companies Act 2013 and Sec 274 (1)(g), 299 and
308 of Companies Act 1956
Companies
Act 2013
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Companies
Act 1956
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Changes
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Sec 274
(disqualification of directors)
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Sec 164 (disqualification of appointment of director)
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The following additional disqualifications have
been introduced to the existing disqualifications:
-
Convicted of an offence dealing with
related party transactions at any time during the last preceding five years
or
-
He has not obtained DIN
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Sec 274 (1)(g)
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Sec 164(2)
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Directors of a company which has not filed the
financial statements or annual return for any continuous period of 3 years or
has failed to repay deposits accepted shall not be appointed as a director of
that company or any other company (Earlier it was only any other public
company now even pvt companies are included) for a period of 5 years
from the date the company fails to do so.
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Sec 274(3)
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Earlier the C.Gov had the authority to remove the
disqualification of the director by passing a notification. However the
current act is silent on the same.
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Sec 274(3)
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Sec 164(3)
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Now the Pvt company may include such other
additional disqualifications as may be required in addition to the ones said
in Sec 164 (1) and (2) of companies act 2013.
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Sec 299
(Disclosure of Interest by Director)
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Sec 184
(disclosure of interest by directors)
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Earlier the Company used to receive only annual
disclosure from the directors (disclosure of his directorship and membership
in other companies) and it shall be considered to having disclosed his
concerns or interest in all those contracts that may be entered by the
company in a future date after the disclosure being given and there was no
disclosure that need to be given at the time of entering into the contract.
However under the new act, disclosure is to be
given even at the time when the company is discussing or entering into the
contract or arrangement or proposed contract with the other company or body
corporate.
-
Restriction on entering into contracts in
which the director is interested
-
Where the director/s together holds more than
2% or more of paid up share capital in that other company.
Contravention:
With imprisonment
≤ 1 year or
Fine ≥ Rs. 50,000 – Rs 1,00,000 or
Both
|
Sec 308
(Duty of directors and persons deemed to be
directors to make disclosure of shareholdings)
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Deleted in the new act
|
Form No.24-AA
THE COMPANIES ACT, 1956
Notice by the interested Directors
(Pursuant to Section 299)
To
The Board of Directors
of Khazana Jewellery Private Limited
252A,
TTK Road,
Alwarpet,
Chennai
– 600 018
I, ______________ son of _________________ resident of _____________________________holding
______________Equity Shares of Rs. ______each (______% of the equity paid up
capital) and ____________________ Preference Shares of Rs. ______each (_____%
of the Preference Share paid-up capital) in the company in my name, hereby give
notice that I am interested directly/through my relative(S) in the following
companies:
1. Names of the
Public Companies in which I’m a Director:
2. Names of the
Private Companies in which I’m a Director:
3. Names of the Companies (Public and Private) in which I
hold more than 2% of the paid-up share capital:
4. Names of Companies in which I am Member/Chairman of
Audit Committee, Shareholders’/Investors’ Grievance Committee, Remuneration
Committee or any other Committee formed by the Board of that Company.
5. Names of the Firms in which I am a Partner and
Partners in such Firms: NIL
6. Firms in which my relatives (as defined in Section 6
of the Companies Act, 1956 as shown to me/us could be ascertained) are
partners: NIL
7. Directorship of Relatives:
a.
Name: ____________________
Names of the
Companies/Firms
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Nature of
interest
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Signature
.......................................
Name:
Dated
the _________ day of March, 2014
LIST OF RELATIVES
1.FATHER
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2.MOTHER (INCLUDING STEP MOTHER)
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3.SON(S)(INCLUDING STEP SON)
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4.SON’S WIFE
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5.DAUGHTER(S)(INCLUDING STEP DAUGHTER)
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6.FATHER’S FATHER
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7.FATHER’S MOTHER
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8.MOTHER’S MOTHER
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9.MOTHER’S FATHER
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10.SON’S SON
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11.SON’S SON’S WIFE
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12.SON’S DAUGHTER
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13.SON’S DAUGHTER’S HUSBAND
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14.DAUGHTER’S HUSBAND
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15.DAUGHTER’S SON
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16.DAUGHTER’S SON’S WIFE
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17.DAUGHTER’S DAUGHTER
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18.DAUGHTER’S DAUGHTER’S HUSBAND
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19.BROTHER (INCLUDING STEP BROTHER)
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20.BROTHER’S WIFE
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21.SISTER (INCLUDING STEP SISTER)
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22.SISTER’S HUSBAND
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23.SPOUSE
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Signature
.......................................
Name:
Dated
the _______ day of March, 2013
Note:
the format of the disclosure under sec 299 shall be revised for next year.
Form DIR – 8
Intimation by
Director
[ Pursuant to Sec
164(2) and Rule 14(1) of Companies (Appointment and Qualification of Directors)
Rules, 2014]
Registration
No. Of Company _____________
Nominal
Capital Rs. _______________
Paid up
Capital Rs. ________________
Name of The
Company _______________
Address of
its Registered Office ______________
To
The Board of
Directors of _______________________
I
_____________________ son/ daughter/ wife of
___________________resident of _____________ director/ managing
director/ manager in the company hereby give notice that I am/ was a director
in the following companies during the last three years:
Name of the Company
|
Date of Appointment
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Date of Cessation
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I further
confirm that I have not incurred disqualficiation under section 164 (2) of the
Companies Act, 2013 in any of the above companies, in the previous financial
year, and that I , at present, stand free from any disqualification from being
a director.
Or
I further
confirm that I have incurred disqualifications under section 164(2) of the
Companies Act, 2013 in the following company(s) in the previous financial, and
that I, at present stand disqualified from being a director.
Name of the Company
|
Date of Appointment
|
Date of Cessation
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Signature:
Name:
Dated this
_______ day of April 2014.
Form MBP-1
Notice of Interest by
Director
[Pursuant to Section
184(1) and Rule 9(1)]
To
The Board of
Directors
-----------------------------------
Ltd
Dear Sir/s,
I
________________ son/ daughter / spouse of ___________ resident of
_____________ being a director in the Company hereby give notice of my interest
or concern in the following company or companies, bodies corporate, firms or
other association of individuals.
I.
Sl No.
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Names of the Companies/ bodies corporate/ firms/ associations of
individuals
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Nature of interest or concern/ Change in interest or concern
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Shareholding
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Date on which interest or concern arose/ changed
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Signature
MD/Director/ Secretary/ Whole Time director
Place:
Date:
Note:
this form is an annual disclosure as well as this disclosure is to be given
every time when there is a change in the interest.
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