Risk: Non-compliance with Section 184(1) and vacation of office risk under Section 167
Correct procedure: Collect Form MBP-1 immediately upon appointment so it is tabled at the very first meeting the new director attends.
Risk: Audit observation and MCA adjudication penalties on Company and officers in default
Correct procedure: Promptly enter all entities disclosed in Form MBP-1 into the statutory MBP-4 register maintained at the registered office.
Under Section 184(1) of the Companies Act, 2013 read with Rule 9(1), a newly appointed director must submit Form MBP-1 disclosing their interests at the VERY FIRST Board Meeting they attend as a director.
The disclosures made in Form MBP-1 are read out and taken on record by the Board, and entered into the Register of Contracts or Arrangements in which Directors are Interested (Form MBP-4) under Section 189.
A director who fails to disclose their interest under Section 184(1) is punishable with a fine of up to ₹1,00,000, and vacates office as a director under Section 167(1)(c) of the Act.