Under Section 184 Companies Act 2013, a director must DISCLOSE his interest at the first Board meeting in which he participates as director, and thereafter:
Aevery financial year, in writing in Form MBP-1, on any change in disclosed interest, and at the first Board meeting of every financial year
Bonly when expressly questioned by another director or by the Chairman of the meeting (cf. Companies Act 2013, Section 184; Companies (Meetings of Board and its Powers) Rules 2014 Rule 9)
Conly at the time of his retirement from office as director of the company (cf. Companies Act 2013, Section 184; Companies (Meetings of Board and its Powers) Rules 2014 Rule 9)
Donly when the auditor requires it in writing for the audit of financial statements (cf. Companies Act 2013, Section 184; Companies (Meetings of Board and its Powers) Rules 2014 Rule 9)
Answer & Solution
Correct answer: A. every financial year, in writing in Form MBP-1, on any change in disclosed interest, and at the first Board meeting of every financial year
1. Section 184(1) Companies Act 2013: 'Every director shall at the first meeting of the Board in which he participates as a director and thereafter at the first meeting of the Board in every financial year or whenever there is any change in the disclosures already made, then at the first Board meeting held after such change, disclose his concern or interest in any company or companies or bodies corporate, firms or other association of individuals which shall include the shareholding, in such manner as may be prescribed.'
2. Disclosure is made in FORM MBP-1 (Rule 9 Companies (Meetings of Board and its Powers) Rules 2014).
3. Section 184(2) prohibits a director from participating in discussion of contracts in which he is interested.
4. Violation: imprisonment up to 1 year OR fine Rs 50,000 to Rs 1 lakh OR both.
5. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 184; Companies (Meetings of Board and its Powers) Rules 2014 Rule 9_
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