Place of keeping Registers and Records

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SkDash

CS (Member) CWA (Final)

909 Points Joined February 2009

Dear All

Most of the sections require companies to keep its registers and records at the regd office of the Company, but in our case our regd office is at diff state and our place of business (can say as corporate office) in a diff state and all the records etc are being kept here at the corporate office.

Can anybody suggest whether there is any enabling provision / case law by which we can pass board or shareholders resolutin to keep every records etc in the corporate office instead of keping them in regd office or shall we change the regd office from that state to here ?

Replies (3)

RG - A Helping Hand

Company Secretary

13877 Points Joined May 2011

Hi,

Please find my answer point wise:

1. Please go through section 163 in detail.

2. You have to maintain the books and records as per the section in question.

3. There is no enabling section/provision to provide immunity to maintain books at a diff place other than regd. Office.

4. There is one exception to the above. Regarding maintenance of books of accounts. Kindly refer proviso to section 209(1). However this kind of relaxation is not available in case of other books.

All or any of the books of account aforesaid may be kept at such other place in India as the Board of directors may decide and when the Board of directors so decides, the company shall, within seven days of the decision, file with the Registrar a notice in writing giving the full address of that other place.

Regards

Richank

Dhiren Kumar Rout

Lead Manager - Internal Audit

161 Points Joined January 2010

Hope this will be answer as given below:-

As per Section 163 of Companies Act, 1956

The register of members commencing from the date of the registration of the company, the index of members, the register and index of debenture-holders, and copies of all annual returns prepared under sections 159 and 160, together with the copies of certificates and documents required to be annexed thereto under sections 160 and 161, shall be kept at the registered office of the company:

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 of any other place within the city, town or village in which the registered office is situate, if—

such other place has been approved for this purpose by a special resolution passed by the company in general meeting,

the Registrar has been given in advance a copy of the proposed special resolution.

Regards

Dhiren