(1) Every company statutory should keep and maintain the registers as :
(a) Register of members showed individually for each class of enquiry and preferences shares held by each member residing in or outside Chennai.
(b) Register of any other security holders.
(c) Register of debenture-holders in a company.
Company statutory registers and returns
(2) Every register is maintained under sub-section (1) of section 88 of the companies act 2013. It is include an index of the names included therein.
(3) A company may keep in any country outside India as ” Foreign Register “. It contains the names and particulars of the members. The debenture holders, other security holders or other beneficial owners residing in Chennai.
(4) Every company should prepare a return called annual return containing various particulars as on the date of close of every financial year. The same file with the ROC. The date of which the annual general meeting is held within 60 days.
(5) Under section 88 of the companies act 2013 the statutory registers kept and maintained by your statutory company. The copies of the annual report prepared and filed under section 92 of the 2013 act. The registers and returns coming under section 94 of the companies act 2013. It should be kept at the registered office in Chennai by your company.
(6) The registers, under section 88 and 94 of the companies act 2013 their indices and copies of annual returns are maintained. The evidence of any matter authorised or directed to be placed therein by or under the act.
(7) The registers, returns and records must be kept and preserved for a prescribed period as a statutory requirement.
(8) The register of members along with the index should be preserved permanently. It should be kept in the hold by the company secretary of the company. Any other person empowered by the board for such persistence. The company statutory registers and returns at the registered office in Chennai or any other place.
(9) The register of any other security holders or debenture holders on with the index should be maintained for a term of eight years from the date of conversion of debentures of securities. It should be kept in the hands of the company secretary of the company or any other person sanctioned by the board for such purpose.
(10) Copies of all annual returns prepared under section 92 of the companies act 2013. The models of all documents and certificates needed to be annexed thereto. It should be preserved for a term of 8 years from the date of filing with the registrar.
(11) The register and their influences, exclude when they are closed under the provisions of this act. The copies of all the returns shall be open for examination by debenture-holder, other security holder, any member or beneficial owner, during business hours without payment of any fees. If any other person on payment of the prescribed fees.
(12) Any such member, any other person, beneficial owner or other security holder or debenture-holder may be extracted from any register or index or return without payment of any fee or needed. A copy of any entries or such register therein or return with payment of the prescribed fees.
(13) Under section 88 of the 2013 act the copies of the registers preserved or entries therein. The annual returns filed under section 92 of the companies act 2013. It should be furnished to other security holder, debenture-holder, any member or any other person on payment of a fee or an good owner of the company.
(14) The above registers and copies of return may also be kept in their place in Chennai. The members entered in the register of members dwell. It has more than the total number of one-tenth of the members.If it is approved by specific declaration passed at a general meeting of the company statutory. The registrar has issue a copy of the submitted particular resolution in advance.
(15) In view of the company statutory importance of these registers and returns. The inspection rights to members and others. If the board of directors of your company decides to keep the returns and registers . At a place other than the registered office of your company statutory there must be compliance with the strict procedures prescribed in that respect.
(16) For the purpose of making a decision as to where the registers and returns as same. It could be kept and the reasons why it is desirable to keep them in a place other than the registered office in Chennai.
(17) At the board meeting, once the board takes a decision. The board should call and hold a general meeting and get the special resolution of the members duly passed. How to hold a meeting of the board of directors of a company which is not a One person company (OPC) or small or dormant company.
(18) File a copy of the proposed special resolution with the ROC at least one day before the date of the general meeting of the company in form.
(19) After the passing of the special resolution. It should be filed again with the form in ROC for registration in the company form.
(20) An registration will be considered to be a special resolution if “votes” in favor. The declaration of the “votes” is not less than three times against the resolution .
(21) The special resolution required to be passed for the purpose of complying with sub-section (3) of section 94 of the companies act 2013. It will be a “Company Registration” of section 102 of the companies act 2013 within the meaning . So, the registration must be appointed to the members with respect to every item of special business.
(22) After the passing of the special resolution, your company is essential to register the e-Form. It is registered with the (ROC) Registrars of Companies within thirty days of the passing of the registration.
In this detail , please note the following :
(a) All such resolution is needed to filed with the ROC within 30 days of passing of the declaration.
(b) The act grants in its proviso under the section 403 of to sub-section (1). The additional time limit of 270 days from the date. It is recorded, submitted, registration of the particular date and filed.
(c) The e-Form is from the date of event. A total 300 days is available for completing the filing or registration requirement.
(d) In any case,if the time limit is including the additional time limit. It is specified under the section 403 of the companies act 2013.The relevant e-Form or as the case may be the relevant application cannot filed. Unless the delay in doing the same has been condoned by the government as per section 460 of the companies act 2013.
(23) The e-Form is digitally signed by any director or company secretary or CEO or CFO. It should be uploaded after it is certified by a cost accountant or chartered accountant in exercise or a company secretary in practice.
(24) If your company defaults to file the form before the expiry of the period. It is specified with prescribed fee under the section 403 of the companies act 2013 . It may also be kept in their place in Chennai. The company shall execute with fine which shall not be less than 1 lakh rupees. It may extend to Rs. 5,00,000 lakh only.