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Q & A

2018 Views 2 Ans

? Do additional directors (Independent) need to disclose their interest in first board meeting held after their appointment?

Section 184- Disclosure of interest by director.

Posted By: Prekshi gupta 10 year(s) ago

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    RAMAMURTHY

This is a very interesting question. To appoint a person as an independent director, the company needs to know his business interests and establish his independence. This in itself is indicative that the Board has taken note of the interests of the director concerned. However, there should be formal declaration. So when a person's name is considered, in case there is already the declaration in formal way DIR-8 is taken, then the same could satisfy the requirements for filing MBP-1with MGT-14. However, if the company and its directors/CS want to be procedurally compliant, then after communication of appointment in a formal way, the declaration could be taken and brought in the board meeting. This is required to be clarified by MCA.

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    Swati

Under section 184 of the Companies Act, 2013, every director shall at the first meeting of the board in which he participates as a director, he shall disclose his interest. Director includes all directors whether it is Additional director or any other director.

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