Statutory Register under Companies Act, 2013

By Vijay Yadav Company Law Articles August 18, 2023

Understand the importance of statutory registers for companies under the Companies Act, 2013. Learn about the various registers like Register of Members, Debenture Holders, Significant Beneficial Owner, Directors, Contracts, and more. Ensure compliance to avoid penalties and legal repercussions.

Every company is required to maintain statutory registers, which must be kept at the registered office of the company in paper or electronic form, in accordance with the Companies Act, 2013, and the rules established thereunder.

Failure to maintain a statutory register is punishable by a fine of at least Rs. 1 lakh and up to Rs. 10 lakh. In addition, the company’s officers may be subject to a fine of up to one lakh rupees or a term of imprisonment that may not be less than 25 thousand rupees. Therefore, maintaining a statutory register is crucial for each private limited business, limited company, or one-person corporation that was founded in India. We will now learn about the list of statutory registers required by the 2013 Companies Act.

REGISTERS TO BE MAINTAINED BY EVERY COMPANY

S. No. (1)	Name of the Register (2)	Format (3)	Section and Rules of the Companies Act 2013 (4)	Time period (5)	Place of Keeping (6)	Preservation (7)
(1)	Register of Members and Index of Members	MGT-1	Section 88(1) and (2) and Rule 3, 5, 6, 14 and 15 of the Companies (Management and Administration) Rules, 2014	Entries in register shall be made within 7 days of approval of allotment of shares by board or committee	Registered office or any other place within the city, town, village where the registered office situated OR if approved by Special Resolution and intimation given to the Registrar of Companies, at the place where 1/10th members reside	Permanently/ Life-time
(2)	Register of Debenture holders and Index of Members	MGT-2	Section 88(1) and Rule 4, 14 and 15 of the Companies (Management and Administration) Rules, 2014	Entries in register shall be made within 7 days of approval of allotment of debentures by board or committee	Registered office or any other place within the city, town, village where the registered office situated OR if approved by Special Resolution and intimation given to the Registrar of Companies, at the place where 1/10th members reside	8 Years from the date of redemption of debentures/ securities
(3)	Foreign Register of Members/ Debentures/ Security holders	MGT-1 or MGT-2, as applicable	Section 88 and Rule 7, 14 and 15 of the Companies (Management and Administration) Rules, 2014	Entries in register shall be made within 7 days of approval of allotment of Shares/ Debentures or other security by board or committee	Desired place out or inside India but a copy shall be kept at the registered office	(i) In Case of Members-Permanently/ Life-time (ii) In Case of Debentures/ other securities-8 Years from the date of redemption of debentures/ securities
(4)	Declaration by the beneficial owner who holds or acquires beneficial interest in shares but whose name is not entered in the register of members	MGT-4- Declaration by Registered Owner MGT-5- Declaration by Beneficial Owner MGT-6- Return by company to the Registrar of Companies	Section 89 (2) (3) and Rule 9(2) of the Companies (Management and Adminis- tration) Rules, 2014	To be entered forthwith and return shall be filed within 30 days of receipt of declaration	Registered office of the company	Not Specified
(5)	Register of Significant Beneficial Owner	BEN -3	Section 90 of the Companies Act, 2013	To be entered forth with	Registered office of the company	Not Specified
(6)	Register of Renewed and Duplicate Share Certificate	SH-2	Section 46 (3) and Rule 6 of the Companies (Share Capital and Debentures) Rules, 2014	To be entered forthwith	Registered office or where register of members is kept	Permanently/ Life-time
(7)	Register of Sweat Equity Shares	SH-3	Section 54 and Rule 8(14) of the Companies (Share Capital and Debentures) Rules, 2014	To be entered forthwith	Registered office of the company or where Board decide	Not Specified
(8)	Register of Employee Stock Options	SH-6	Section 62 and Rule 12 (Companies (Share Capital and Debentures Rules, 2014)	To be entered forthwith	Registered office of the company or where Board decide	Not Specified
(9)	Register of Shares or Securities Bought Back	SH-10	Section 68 and Rule 17 (12) of the Companies (Share Capital and Debentures) Rules, 2014	Not Specified	Registered office of the Company	Not Specified
(10)	Register of Charges	CHG-7	Section 85 and Rule 10 of the Companies (Registration of Charges) Rules, 2014	Entries shall be made forthwith after Creation/ Modification/ Satisfaction of Charge	Registered office of the Company	Permanently
(11)	Register of Directors and Key Managerial Personnel and their Shareholding	As per Rules	Section 170(1) and 171 and Rule 17 of the Companies (Appointment and Qualification of Directors) Rules, 2014	Not Specified but advisable to enter forthwith	Registered office of the Company	Not Specified
(12)	Register of Contracts or Arrangements in which Directors are interested	MBP-4	Section 189 and Rule 16 of the Companies (Meeting of Board and its Powers) Rules, 2014	As soon as event occurred	Registered office of the Company	Permanently
(13)	Register of Loans/ Guarantee/ Security and Acquisition by Company	MBP-2	Section 186 and Rule 12 of the Companies (Meeting of Board and its Powers) Rules, 2014	Entries in register shall be made within 7 days of making such loan or giving loan or providing security	Registered office of the Company	Permanently
(14)	Register of Investments not held in its own name	MBP-3	Section 187 and Rule 14 of the Companies (Meeting of Board and its Powers) Rules, 2014	Not Specified	Registered office of the Company	Permanently
(15)	Register of deposits	Not Specified	Section 73 and Rule 14 of the Companies (Acceptance of Deposits) Rules, 2014	Within 7 days from the date of issuance of receipt	Registered office of the Company	Preserved for a period of not less than 8 Years from the Financial Year in which latest entry is enclosed
(16)	Register of transfer/trans- mission of Equity shares, preference shares, debentures	Not Specified	Section 88	Entries in register shall be made within 7 days of transfer/ transmission	Registered office of the Company	Permanently/ Life-time
(17)	Register of beneficial owners	Not Specified	Section 88(3)	Not Specified	Registered office of the Company	Permanently/ Life-time
(18)	Contract of employment with the Managing Director/ Whole time Director (not applicable to Private company)	Not Specified	Section 190	Not Specified	Registered office of the Company	Not Specified

DOCUMENTS/RETURNS TO BE MAINTAINED BY EVERY COMPANY

Note: Although the Companies Act of 2013 mandates the maintenance of numerous registers, a company is only obligated to keep track of the statutory registers that apply to their particular operations and transactions. As we can see, there is no penalty for failing to maintain a optional register apart from statutory registers, but businesses are constantly urged to adhere to sound corporate governance principles and to maintain their records as required.