Companies act register-penalty

registers to be maintained by the Company

 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.

penalties depend on the type of register u failed to maintain..

different penalties for all

Dear Jyothis,

Following Statutory Registers shall be maintained by a company under Companies Act, 2013

1. Register of Members

2. Register of Debenture Holders/Other Securities

3. Register of Directors and KMP and their shareholding

4. Register of Renewed and Duplicate Share Certificate

5. Register of Sweat Equity  Shares

6. Register of Employee Stock Option

7. Register of Shares/Other Securities Bought Back

8. Register of Charges

9. Register of Loans, Guarantee, Security and Acquisition Made by Company

10.Register of Investment Not Held In Its Own Name By The Company

11. Register of Contracts with Related Party and Contracts and Bodies etc in which directors are interested.

Excel format of all the above registers is attached herewith.

For penalties kindly refer the corresponding section.

Regards,

Arjun Rajagopal

Maintenance of Fixed Asset register mandatory or Not,When Caro is applicable.

Please any one mention penalty for non mainteance of Registers under Co Act,2013

Originally posted by : Jyothis
	Maintenance of Fixed Asset register mandatory or Not,When Caro is applicable. Please any one mention penalty for non mainteance of Registers under Co Act,2013

The Companies Act, 2013 does not directly prescribe about the statutory maintenance of fixed assets register. However, if you read Section 128(1) along with Section 2(13)(iii) you may understand that the term "books of account" include records maintained in respect of the assets and liabilites of the company. It can be therefore understood that fixed assets is a statutory register to maintained as part of the books of account under the Companies Act, 2013.

Section 128(1) and Section 2(13) is reproduced below for your reference.

128(1): Every company shall prepare and keep at its registered office books of
account and other relevant books and papers and financial statement for every financial year
which give a true and fair view of the state of the affairs of the company, including that of its
branch office or offices, if any, and explain the transactions effected both at the registered
office and its branches and such books shall be kept on accrual basis and according to the
double entry system of accounting

Section 2(13): “books of account” includes records maintained in respect of—
(i) all sums of money received and expended by a company and matters in
relation to which the receipts and expenditure take place;
(ii) all sales and purchases of goods and services by the company;
(iii) the assets and liabilities of the company; and
(iv) the items of cost as may be prescribed under section 148 in the case of
a company which belongs to any class of companies specified under that section;

Regarding Penalty Please go through Section 128(6) of the Act which is reproduced below for your reference.

If the managing director, the whole-time director in charge of finance, the Chief
Financial Officer or any other person of a company charged by the Board with the duty of
complying with the provisions of this section, contravenes such provisions, such managing
director, whole-time director in charge of finance, Chief Financial officer or such other person
of the company shall be punishable with imprisonment for a term which may extend to one
year or with fine which shall not be less than fifty thousand rupees but which may extend to
five lakh rupees or with both.

Hope the matter is clear to you.

Regards,

Arjun Rajagopal

Hello,

Can we maintain the registers in electronic form?

Originally posted by : csmedha
	Hello, Can we maintain the registers in electronic form?

Hi Medha,

Maintenance of statutory registers in electronic form is only optional. Earlier it was mandatory for listed comps and comps having more than 1000 shareholders.

Pls refer Rule 27(1) of Cos (Management and Administration) Rules, 2014. The said rule is amended by MCA Notification dt 24.07.2014

MCA Amendment dt 24.07.2014 is attached herewith for your reference.

Regards,

Arjun Rajagopal

Since Co Act 1956 is still applicable for un notified sec under Co Act 2013-

Is there any Register under Co Act 1956 still applicable for P.Ltd companies.

To my best of my knowledge it is no. You may maintain all the registers in new format under Companies Act, 2013

Regards,

Arjun Rajagopal