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MGT- 9

MGT- 9 is a report which has to be furnished along with the director’s report in the companies act 2013. The MGT- 9 is prepared by the company when the director’s report gets approved in the board meeting.

As per Section 134, the extract of Law:-

There shall be attached to statements laid before the company in general meeting, a report by its Board of Directors, which shall include— “the extract of the annual return as provided under sub-section (3) of section 92. Section 92(3) an extract of the annual return in MGT- 9 shall form part of the Board’s report”.

Companies (Amendment) Act, 2017 amended the provision of Section 134(3) w.e.f. 31.7.2018. i.e. according to the notification of 31st July 2017 provision in context with MGT-9 has been taken out from Section 134 and a new provision was included which is the web address (if any) where annual return (w.r.t. sub-section (3) of section 92) has been kept. However, the same remains unchanged in Section 92(3) – an extract of the annual return in MGT 9 shall form part of the Board’s report.

As the provision of MGT-9 is on the process to become part of Section 92(3), so, the preparation of MGT-9 along with enclosure of Director’s Report with it, is mandatory for the financial year.

The company needs to comply with Section 134 as well as Section 92.

As per Section 134, the extract of Law:-

There shall be attached to statements laid before the company in general meeting, a report by its Board of Directors, which shall include— “the web address, if any, where annual return referred to in sub-section (3) of section 92 has been placed”.

As per Section 92, the extract of Law:-

An extract of the annual return in MGT-9 shall form part of the Board’s report. Companies shall adhere to both the Sections i.e. 134 & 92

  • MGT-9 must be prepared & annexed with Directors Report by the company.
  • Annual Return Form MGT- 7 must be published by the company on its website and the link for the same shall be provided with the company’s Director’s Report.

So, a company must comply with both the requirements.

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