Sunday, September 27, 2015

Statutory Registers under Companies Act, 2013


Statutory Registers under Companies Act, 2013
Contributed by Mr.Parth Sharma

The Companies Act, 2013 (“the Act”) and the rules made thereunder (“the Rules”) lays down that every Company incorporated under the Act has to maintain Statutory Registers (“the Registers”).

The Registers need to maintained and updated eventually and should be kept at the Registered Office of the Company. Some of the Registers are required to be kept open for inspection by Directors, Members, Creditors and by other persons. A Company is required to provide the extracts from the Registers, if demanded by Directors, Members, Creditors and by other persons on payment of specified fees.

List of Registers to be maintained by the Company

Sr. No.
Relevant Section & Rules
Register
1.
Section 88 (1) and Rule 3 (1) of the Companies (Management and Administration) Rules, 2014
MGT-1: Register of Members
2.
Section 88 (1) and Rule 4 of the Companies (Management and Administration) Rules, 2014
MGT-2: Register of Debenture holders
3.
Section 88 (2) and Rule 6 of the Companies (Management and Administration) Rules, 2014
Index of Members
4.
Section 88 (2)
Index of Debenture Holders
5.
Section 88(3)
Register and Index of Beneficial Owner
6.
Section 88(4) and Rule 7 of the Companies (Management and Administration) Rules, 2014
MGT-3: Foreign Register of Members, Debenture holders, other security holders or beneficial owners residing outside India
7.
Rule 6 of the Companies (Share Capital and Debentures) Rules, 2014
Form SH-2: Register of Renewed and Duplicate Share Certificate
8.
Section 54 and Rule 8 (14) of the Companies (Share Capital and Debentures) Rules, 2014
Form SH-3: Register of Sweat Equity Shares
9.
Section 62 and Rule 12 (10)
Form SH-6: Register of Employee Stock Options
10.
Section 68 and Rule 17 (12) of the Companies (Share Capital and Debentures) Rules, 2014
Form  SH-10: Register of Shares or Securities Bought Back
11.
Section 170(1) and Rule 17 of the Companies (Appointment and Qualification of Directors) Rules, 2014
Register of Directors and KMPs
12.
Section 73 and Rule 14 of the Companies (Acceptance of Deposits) Rules, 2014
Register of Deposits
13.
Section 85 and Rule 7 of the Companies (Registration of Charges) Rules, 2014
Form CH-7: Register of Charges
14.
Section 186 and Rule 12 of the Companies (Meeting of Board and its Powers) Rules, 2014
Form MBP-2: Register of Loans/Guarantee/Security and Acquisition by Company
15.
Section 187 and Rule 14 of the Companies (Meeting of Board and its Powers) Rules, 2014
Form MBP-3: Register of Investments not held in its own name
16.
Section 189 and Rule 16 of the Companies (Meeting of Board and its Powers) Rules, 2014
Form MBP-4: Register of Contracts or Arrangements in which Directors are interested

Other Important Books and Registers

·         Minutes Book

·         Board Meeting Minutes Book

·         General Meeting Minutes Book (i.e. AGM, EGM, Postal Ballot, Creditors Meetings, Debenture holders Meetings)

·         Books of Accounts/Financial Statements

·         Register of Directors Attendance at Board/Committee Meetings.

Parth Sharma

Sharma Financial Services

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