Overview
As per the Companies Act, 2013, every company must maintain mandatory registers, which must be maintained at the registered office of the company, either in physical or electronic form.
Non-maintenance of statutory registers by a company can result in a fine ranging from a minimum of Rs. 1 lakh to a maximum of Rs. 10 lakh. Additionally, the company's officers could also face punishment in the form of imprisonment for a term of up to six months or a fine ranging from a minimum of Rs. 25,000 to a maximum of Rs. 1 lakh. It is therefore crucial for a private limited company, limited company, or one-person company operating in India to maintain their statutory registers.
Registers and their forms:
Sl. No | Registers need to be maintain | Form | U/s Sections | Remarks |
1 | Register of Charges | CHG-07 | Sec-85 | Every company shall maintain a register of charge which shall include all charges, and floating charges indicating in each case such particulars. |
2 | Register of Shares which have been Buy Back | SH-10 | Sec-68 | A company shall maintain a register of shares or other securities that have been bought back in SH-10. |
3 | Register of members | MGT-01 | Sec-88 | The Register of Members along with the Index shall be preserved permanently |
4 | Register of significant beneficial owners | BEN-3 | Sec-89 / Sec-90 | Every company shall file a return of significant beneficial owners of the company and changes therein with the Registrar containing names, addresses and other details. |
5 | Register of Directors and KMPs | NA | Sec-170 | As per Section 170 of the Companies Act, 2013, every company shall keep at its registered office a register containing the details of its Directors and KMP. |
6 | Register of Contracts in which Directors are interested | MBP-4 | Sec-189 | Every company shall maintain a register to record the particulars of. Contracts and Arrangements in which Directors are interested |
7 | Register of Debenture holders | MGT-02 | Sec-88 | The Register of Debenture Holders shall be preserved for a period of 8 years. |
8 | Foreign Register of Members, Debenture holders, other security holders or beneficial owners residing outside India | NA | Sec-88 | The foreign register of members shall be preserved permanently, unless it is discontinued and all entries are transferred to foreign register/ principal register. |
9 | Register of Sweat Equity Shares | SH-03 | Sec-54 | The particulars of sweat equity shares shall be maintained in the Register of Sweat Equity Shares. |
10 | Register of Renewed and Duplicate Share Certificate | SH-02 | Sec-46 | The particulars of every duplicate or renewed share certificate shall be entered in a Register of Renewed or Duplicate Share Certificates. |
11 | Register of Deposits | NA | Sec-74 | Every company accepting deposits shall keep at its registered office one or more registers in which there shall be entered separately in the case of each depositor. |
12 | Register of Loans/Guarantee/Security and Acquisition by Company | MBP-2 | Sec-186 | Every company giving loan or guarantee or providing security or making an acquisition of securities shall, from the date of its incorporation, maintain a register for this purpose. |
13 | Register of Employee Stock Options | SH-06 | Sec-62 | The particulars of options shall be maintained in the Register of Employee Stock Options. |
14 | Register of Investments not held in its own name | MBP-3 | Sec-187 | Every company from its incorporation shall maintain a register to record the particulars of investments in shares or other securities beneficially held by the company but not in its name. |
Frequently Asked Question
1. For Company & every Officer in Default of not less than Rs. 50,000/- which may extend upto Rs. 3 lacs.
2. Also, penalty of Rs. 1,000/- per day if the default continues."
1. The company and every officer of the company who is in default may be liable to a fine.
2. The company and every officer of the company who is in default may also be prosecuted for the offence.
3. The Registrar of Companies may initiate action against the company and its officers for non-compliance with the provisions of the act.
4. Disqualification of Directors: The directors of the company may be disqualified from being appointed as directors in any other company."
| Yes, anyone who is entitled to inspect the registers of a company can ask for a copy or extract of such registers. Under the Companies Act 2013 of India, the following individuals are entitled to inspect and obtain copies or extracts of the company's registers: | ||||||
| 1. Members of the company | ||||||
| 2. Creditors of the company | ||||||
| 3. Any person authorized by the Central Government or the Registrar of Companies | ||||||
| 4. Any other person as may be prescribed by the Central Government. |
| The following are some of the statutory registers that a company is required to maintain under the Companies Act 2013: | ||||||
| 1. Register of Members | ||||||
| 2. Register of Directors and Key Managerial Personnel | ||||||
| 3. Register of charges | ||||||
| 4. Minutes book for recording proceedings of the meetings of the Board of Directors and other committees | ||||||
| 5. Register of Contracts or arrangements in which directors are interested |