Thursday, June 14, 2018
Registers to be maintained as per Companies Act 2013
Registers to be maintained as per Companies Act 2013
REGISTER OF MEMBERS
[Section 88 of Companies Act 2013]
GENERAL
This register provides details relating to the members of company, his name, address, the number of shares held by him etc. This register is required to be maintained as per the provisions of section 88 of the Companies Act, 2013
The details of Subscribers to the Memorandum of Association who are deemed to have agreed to become members of the company, any person who has agreed in writing to become a member of the company, and every shareholder and every person whose name is entered as a beneficial owner in the records of the depository will be entered in the Register of members. The importance of keeping the Register up to date and accurate is, therefore, evident.
LOCATION
The Register must be kept at the Registered Office of the Company.
INSPECTION
Any member, debenture holder, other security holder or beneficial owner or any other person may take extracts from any register/ index/ return without payment of any fee.
TIME FOR MAKING THE ENTRY
Entries in the register should be made within 7 days after the Board of Directors or its duly constituted Committee approves the allotment or transfer or transmission of securities.
AUTHENTICATION REQUIREMENT
Entries in the Register should be authenticated by the secretary of the Company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.
REGISTER OF DIRECTORS, KEY MANAGERIAL PERSONNEL
[Section 170 of Companies Act 2013]
GENERAL
This register provides details like name, address, date of appointment & cessation and the details of securities held relating to the Directors, and Key Managerial Personnel appointed in the Company. This register is required to be maintained as per the provisions of section 170 of the Companies Act, 2013. The Register of Directors and Key Managerial Personnel shall include the details of securities held by each of them in:
- A Company
- Its Holding Company
- Its Subsidiary Company
- Another Subsidiary Company of the Company�s Holding Company
- Associate Companies
LOCATION
This register is required to be kept and maintained at the registered office of the Company.
INSPECTION
The register shall be open for inspection during business hours and the members shall have right to take extracts therefrom and copies thereof, on a request. The copies/ extracts shall be made available on a request, free of cost and within 30 days. The registers shall also be kept open for inspection at every Annual General Meeting of the Company and shall be made accessible to any person attending the meeting.
TIME FOR MAKING THE ENTRY
Entries in the register should be made simultaneously with the appointment or reappointment or cessation of Directors or Key managerial personnel and on acquisition of shares by Directors or Key managerial personnel
AUTHENTICATION REQUIREMENT
Entries in the Register should be authenticated by the secretary of the Company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.
REGISTER OF CONTRACTS,
ARRANGEMENTS IN WHICH
THE DIRECTORS ARE INTERESTED
[Section 189 of Companies Act 2013]
GENERAL
Every Company is required to keep one or more registers which shall separately give the particulars of all contracts/ arrangements in which a Director is directly or Indirectly concerned or Related Party Transactions is applicable. It is important to note that the particulars of the company or companies or bodies corporate in which a Director himself together with any other director holds two percent or less of the paid up share capital would not be required to be entered in the Register.
LOCATION
This register is required to be kept and maintained at the registered office of the Company.
INSPECTION
The register(s) shall be open for inspection at prescribed office during business hours. Extracts there from and copies thereof requested by a member of the company shall be furnished to a prescribed extent in a prescribed manner and on payment of prescribed fees. Every Director in default in maintaining the Register or in allowing its inspection shall be penalised with Rs. 25,000/- penalty.
TIME FOR MAKING THE ENTRY
The entries in the register shall be made at once, whenever there is a cause to make entry, in chronological order.
AUTHENTICATION REQUIREMENT
Entries in the Register should be authenticated by the secretary of the Company or by any other person authorized by the Board for the purpose.
REGISTER OF CHARGES
[Section 85 of Companies Act 2013]
GENERAL
This register provides details relating to all charges specifically affecting property of the Company and all floating charges on the undertaking or any property of the Company. This register is required to be maintained as per the provisions of section 85 of the Companies Act, 2013
LOCATION
This register is required to be kept and maintained at the registered office of the Company.
INSPECTION
The register and the instruments shall be open for inspection during business hours by any member or creditor without any payment of fees; or by any other person on payment of prescribed fees.
The inspection shall be subject to such reasonable restrictions as the company may impose by its articles.
TIME FOR MAKING THE ENTRY
The entries in the Register of charges maintained by the Company shall be made forthwith after the creation, modification or satisfaction of charge, as the case may be.
AUTHENTICATION REQUIREMENT
Entries in the Register should be authenticated by Director or the secretary of the Company or by any other person authorized by the Board for the purpose.
REGISTER OF INVESTMENTS NOT HELD IN ITS OWN NAME BY THE COMPANY
[Section 187 of Companies Act 2013]
GENERAL
Every company shall, from the date of its incorporation, maintain a register in Form MBP 3 and enter therein, chronologically the particulars of investments in shares or other securities beneficially held by the company but which are not held in its own name and the company shall also record the reasons for not holding the investments in its own name and the relationship or contract under which the investment is held in the name of any other person.
The company shall also record whether such investment is held in Third Parties name for the time being or otherwise.
LOCATION
This register is required to be kept and maintained at the registered office of the Company.
The register shall be preserved permanently and shall be kept in the custody of the company secretary of the company or if there is no company secretary any director or any other officer authorized by the board for the purpose.
INSPECTION
The register shall be open for inspection during business hours by any member or debenture holder of the company without any payment of fees.
The inspection shall be subject to such reasonable restrictions as the company may impose by its articles or in general meeting.
TIME FOR MAKING THE ENTRY
The entries in the Register maintained by the Company shall be made forthwith after the investments are made by the company and the details shall be entered chronologically therein as the case may be.
AUTHENTICATION REQUIREMENT
Entries in the Register should be authenticated by the company secretary of the Company or by any other person authorized by the Board for the purpose.
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