pvtltd.co

Company · Ownership

We're transacting with a founder's other company — is that a 'related party transaction'?

The short answer

A transaction with a founder's other company is a related party transaction under section 188 of the Companies Act 2013. Ordinary-course, arm's-length RPTs skip section 188 approval but still get disclosed in AOC-2, annexed to the board's report. Material RPTs need board (and, past thresholds, shareholder) approval with interested directors sitting out the vote — and where a resolution is of a filing-required kind, MGT-14 follows within 30 days.

The paperwork nobody tells you about

Statutory formats that never touch the MCA portal — but an ROC inspection or due diligence will ask for every one of them.

MBP-1

Directors' standing disclosure of interest that makes RPTs detectable

Section 184(1), Companies Act 2013

MBP-4 register

Register of contracts and arrangements in which directors are interested

Section 189, Companies Act 2013

The sequence

  1. 1Identify whether the counterparty is a related party and whether the transaction is ordinary-course and arm's length
  2. 2Obtain Section 188 approval where required — board or shareholder resolution depending on the transaction
  3. 3File MGT-14 within 30 days of passing the resolution under Section 117
  4. 4Ensure interested directors disclose via MBP-1 and sit out the vote; maintain the MBP-4 register under Section 189
  5. 5Disclose all RPTs in AOC-2 filed as an attachment to AOC-4 within 30 days of the AGM

Do it with us — or check it yourself first

Questions founders actually ask

Do ordinary-course transactions with a founder's company need approval?

Ordinary-course, arm's-length related party transactions skip Section 188 approval but still must be disclosed. Interested directors must disclose their interest via MBP-1 and sit out the vote.

Where do we disclose related party transactions?

Disclose in AOC-2, annexed to the board's report that travels with the AOC-4 filing, under section 134(3)(h) read with section 188(2).

What registers do we maintain for RPT compliance?

Directors file MBP-1 as a standing disclosure of interest under Section 184(1). The company maintains the MBP-4 register of contracts and arrangements in which directors are interested under Section 189.

Last verified 2026-08-24 against MCA V3 records and ICSI reference material. Form-level deadlines and penalties live on the linked form pages and update there.