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2019

Compliance Related to Records Keeping under the Companies Act, 2013

Compliance Related to Records Keeping under the Companies Act 2013

  • The Companies Act, 2013 (the Act) and the rules made there under lays down that every Company incorporated under the Act has to maintain Statutory Registers (the Registers) and Records.
  • 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, and Creditors and by other persons on payment of specified fees.

List of Registers to be maintained by the Company:

Form No. Register Section Rules
Form SH-2 Register of Renewed and Duplicate Share Certificate

Section 46(3)

Rule 6(3)(a) the Companies (Share Capital and Debentures) Rules 2014.

Form SH-3 

Register of Sweat Equity Shares Section 54 Rule 8 (14) of the Companies (Share Capital and Debentures) Rules, 2014.
Form SH-6 Register of Employee Stock Options Section 62(1)(b) Rule 12 (10) of the Companies (Share Capital and Debentures) Rules 2014.
Form SH-10 Register of Shares or Securities which have been Bought Back Section 68 Rule 17(12) of the Companies (Share Capital and Debentures) Rules, 2014.
N/A Register of Deposits Section 73 Rule 14 of the Companies (Acceptance of Deposits) Rules, 2014.
Form CH-7 Register of Charges Section 85 Rule 7 of the Companies (Registration of Charges) Rules, 2014.
Form MGT-1 Register of Members Section 88 (1) Rule 3 (1) of the Companies (Management and Administration) Rules, 2014.
Form MGT-2 Register of Debenture holders Section 88 (1) Rule 4 of the Companies (Management and Administration) Rules, 2014.
N/A Index of Members and Debenture Holders Section 88 (2) Rule 6 of the Companies (Management and Administration) Rules, 2014.
Form MGT-3 Foreign Register of Members, Debenture holders, other security holders or beneficial owners residing outside India Section 88(4) Rule 7 of the Companies (Management and Administration) Rules, 2014.
Form BEN-3 Register of significant beneficial owners Section 90(3) Rule 5 of Companies (Significant Beneficial Owners) Rules, 2018.
N/A Register of Directors and KMPs Section 170(1) Rule 17 of the Companies (Appointment and Qualification of Directors) Rules, 2014.
Form MBP-2 Register of Loans/Guarantee/Security and Acquisition by Company Section 186 Rule 12 of the Companies (Meeting of Board and its Powers) Rules, 2014.
Form MBP-3 Register of Investments not held in its own name Section 187 Rule 14 of the Companies (Meeting of Board and its Powers) Rules, 2014.
Form MBP-4 Register of Contracts or Arrangements in which Directors are interested Section 189

Rule 16 of the Companies (Meeting of Board and its Powers) Rules, 2014.

Other Records to be maintained:

  1. Minutes of the Board Meetings/ General Meeting/Committee Meeting as per the section 118.
  2. Proof of sending draft minutes of BM and its delivery as per the SS-1.
  3. Notice, Agenda and Notes on Agenda of the Board Meeting/Annual General Meeting/Extra Ordinary General Meeting.
  4. Proof of sending notice of BM and its delivery.
  5. Attendance Register/slip of Board/General Meeting.
  6. Special notices if any received by the company.
  7. Acknowledgement of receiving of notice.
  8. Shorter Notice Consent of the AGM/EGM.
  9. Various correspondences with the Auditors.
  10. Consent and Resignation Letters received from the KMP/Auditors.
  11. Forms filed with the Registrar of Companies.
  12. Documents on which the common seal of the company has been affixed.
  13. Advertisements published.
  14. Instruments of Transfer.
  15. Representation letters.
  16. Circular resolutions.
  17. DPT-1 for Circular or circular in the form advertisement inviting deposit as per section 73.
  18. DIR-2 for Consent from the director to act as director as per section 152.
  19. DIR-8 for notice as per section 164.
  20. MBP-1 for disclosure as per section 184.
  21. Other documents, forms, certificates etc. under the Companies Act, 2013.

 

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