Question
A director of a company enters into a contract with the
company in which the director has a material financial interest. Under which section of the Companies Act, 2013 must the director disclose this interest?Solution
Section 184 of the Companies Act, 2013 deals with "Disclosure of interest by directors". The section requires every director who is directly or indirectly interested in a contract or arrangement with the company to disclose the nature of the interest to the Board. Sub-section (1) states: "Every director of a company shall, as soon as possible after becoming aware of the fact that he is interested in a contract or arrangement with the company, disclose the nature of his interest..." Section 183 addresses director's duty to avoid conflicts of interest, Section 185 addresses indemnification of directors, Section 186 addresses related party transactions, and Section 187 addresses transactions where directors are concerned, but Section 184 specifically prescribes disclosure requirements.
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