Statutory Registers to be Maintained by a Company

All about Statutory Registers to be Maintained by the Company Under Companies Act, 2013 In India

What are the Statutory Registers?

♦ According to the Companies Act, Statutory Registers are the registers which contains the specific record of the company’s shareholders, directors, deposits, loan & guaranty etc. and are placed at the Registered Office of the Company.

Why Statutory Registers are required to be maintained?

♦ For good corporate governance and to avoid the penalties, it is always advised to maintain the Statutory Registers.

♦ A company shall maintain only those Statutory Registers which are applicable to them according to the business and transactions.

Statutory Registers required to be kept & maintained under Section 88:

1. Register of Members

2. Register of Debenture-holders

3. Index of Members & Debenture-Holders

• There is no format as such for Index and rest things are all similar to Register of Members.

4. Register & Index of Beneficial Owner

The Company is required to maintain the Register and Index of Beneficial Owners in which entries shall be made for the beneficial owner of the shares of the Company where the share certificates are issued in the name of some other person.

• • There is no format as such for Index and rest things are all similar to Register of Members.

5. Foreign Register of Members, Debenture Holders, Other Security Holders or Beneficial Owners Residing Outside India

The Company requires to maintain the Index of Members and debenture-holders in which serial wise entries shall be made for members and debenture-holders.

• • There is no format as such for Register of Foreign Members etc. and rest things are all similar to Register of Members.

6. Registers of Renewed & Duplicate Share Certificates

7. Registers of Deposits

• There is no format as such for Register of Deposits and rest things are all similar to Register of Members except for the clause of Inspection and Penalty as there is nothing prescribed under Law.

8. Registers of Employee Stock Option (ESOP)

The Company requires to maintain the Register of Employee Stock Option providing all the details regarding the issue, e.g. Name of the Employees to whom the shares have been allotted, Employee Code, Number of Shares allotted, Lock-in period, if any etc.

• There is no format as such for Register of ESOP and rest things are all similar to Register of Members except for the clause of Inspection and Penalty as there is nothing prescribed under Law.
  

9. Registers of Sweat Equity Shares

10. Registers of Securities Bought Back

11. Registers of Charges

12. Registers of Directors & Key Managerial Personnel (KMP) And Their Shareholding

The Company is required to maintain the Register of Directors & KMP and their Shareholding describing the Details of Directors such as Name, Address, PAN etc. and their shareholding in the Company itself, its Associate Companies, Subsidiary Companies etc.

13. Registers of Loan & Guarantee

14. Registers of Investments of the Company Not Held in Its Own Name

It shall contain the particulars of the investment e.g. shares or other security which is beneficially held by the Company along with the reason for not holding it in its name. The Register shall also mention the relation under which the investment is held by the other person.

15. Registers of Contracts & Arrangements in which Directors Are Interested

About the Author

Author is Divya Goel, ACS working as Assistant Manager- Company Secretary with Neeraj Bhagat & Co. Chartered Accountants, a Chartered Accountancy firm helping foreign companies in setting up business in India and complying with various tax laws applicable to foreign companies while establishing their business in India.