24 June 2009
Can a Company under Section 163 pass a special resolution to keep the registers covered under that section, in various other offices including the registered office.
Does the usage of words 'instead' of being kept at the registered office of the company, mean that the records can be kept at only one other alternative location or can the records be kept at more than one locations instead of registered office.
Further can the records be also kept at registered office alongwith the other offices approved under Section 163 and in whcih case, can i accordingly word the special resolution under Section 163
As i seen your problem it is very clear in law that you can keep your books of accounts as suggested by the board of directors in the board meeting and pass the resolution giving effect thereof provided company informs the registrar of companies within 30 days from the date of such resolution and periodic return shall be submitted to the company the time gap between the return shall not be more than 4 months.
24 June 2009
The relevant portion of the section is extracted below [Provided that such registers, indexes, returns and copies of certificates and documents or any or more of them may, instead of being kept at the registered office of the company, be kept at any other place within the city, town or village in which the registered office is situate, if-
(i) Such other place has been approved for this purpose by a special resolution passed by the company in general meeting, 2[and]
3[***]
(iii) the Registrar has been given in advance a copy of the proposed special resolution.]
The words used is in singular ie any other place /such other place which means multiple places to keep the records are not allowed.
CAclubindia
