Dear Sarah Bhandari
As per my views extract MGT -9 still in force for other than small company as required to attached relevant to Section 92(3) WHICH IS YET TO NOTIFIED
As per The Companies (Amendment) Act, 2017 (Yet not notified)
(3) Every company shall place a copy of the annual return on the website of the company, if any, and the web-link of such annual return shall be disclosed in the Board's report.
But 92(3) still in force which talk about extract of annual report to be the part of Directors Report:
(3) An extract of the annual return in such form as may be prescribed shall form part of the Board’s report.
Amendment comes for small and OPC company which no longer required MGT-9 to be the part of DR
but for other than OPC & small co still required and extract of annual return need to be given in DR as well as on website if any
As per my view section 92(3) also need to be notify accordingly.
But till then we need to attach with Directors report which is formaing part.
Other views are solicited
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Recently before 1 month, I have filed KYC of one director with fees of Rs. 5000/-
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Dear Divya,
Find below answer to your query-
As per CA, 2013 section 134, Companies was required to prepare MGT-9 extract of Annual Return and such MGT-9 was required to file with Directors Report.
However, this provision has been amended by CAA, 2017 w.e.f. 31.7.2018 i.e. as per notification dated 31st July 2017 provision in relation to MGT-9 has been removed from Section 134 and a new provision is added i.e. “the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed”.
Therefore, one can opine that MGT-9 is not required to prepare by any Company if Directors Report approved in Board Meeting on or after 31st July 2018.