The Companies Act, 2013 (the Act) and the rules made there under lays down that every Company incorporated under the Act has to maintain Statutory Registers (the Registers) and Records.
The Registers need to maintained and updated eventually and should be kept at the Registered Office of the Company. Some of the Registers are required to be kept open for inspection by Directors, Members, Creditors and by other persons. A Company is required to provide the extracts from the Registers, if demanded by Directors, Members, Creditors and by other persons on payment of specified fees.
List of Registers to be maintained by the Company
| SR. NO. | RELEVENT SECTION AND RULES | FORM NO. | REGISTER |
| 1. | Section 88 (1) and Rule 3 (1) of the Companies (Management and Administration) Rules, 2014 | Form MGT-1 | Register of Members |
| 2. | Section 88 (1) and Rule 4 of the Companies (Management and Administration) Rules, 2014 | Form MGT-2 | Register of Debenture holders |
| 3. | Section 88 (2) and Rule 6 of the Companies (Management and Administration) Rules, 2014 | – | Index of Members and Debenture Holders |
| 4. | Section 88(4) and Rule 7 of the Companies (Management and Administration) Rules, 2014 | Form MGT-3 | Foreign Register of Members, Debenture holders, other security holders or beneficial owners residing outside India |
| 5. | Section 90(3) and Rule 5 of Companies (Significant Beneficial Owners) Rules, 2018 | Form BEN-3 | Register of significant beneficial owners |
| 6. | Section 46(3) of the Companies
Act, 2013 and rule 6(3)(a) the Companies (Share Capital and Debentures) Rules 2014 |
Form SH-2 | Register of Renewed and Duplicate Share Certificate |
| 7. | Section 54 and Rule 8 (14) of the Companies (Share Capital and Debentures) Rules, 2014 | Form SH-3 | Register of Sweat Equity Shares |
| 8. | Section 62(1)(b) and Rule 12 (10) of the Companies (Share Capital and Debentures) Rules 2014 | Form SH-6 | Register of Employee Stock Options |
| 9. | Section 68 and Rule 17(12) of the Companies (Share Capital and Debentures) Rules, 2014 | Form SH-10 | Register of Shares or Securities which have been Bought Back |
| 10. | Section 73 and Rule 14 of the Companies (Acceptance of Deposits) Rules, 2014 | – | Register of Deposits |
| 11. | Section 85 and Rule 7 of the Companies (Registration of Charges) Rules, 2014 | Form CH-7 | Register of Charges |
| 12. | Section 170(1) and Rule 17 of the Companies (Appointment and Qualification of Directors) Rules, 2014 | – | Register of Directors and KMPs |
| 13. | Section 186 and Rule 12 of the Companies (Meeting of Board and its Powers) Rules, 2014 | Form MBP-2 | Register of Loans/Guarantee/Security and Acquisition by Company |
| 14. | Section 187 and Rule 14 of the Companies (Meeting of Board and its Powers) Rules, 2014 | Form MBP-3 | Register of Investments not held in its own name |
| 15. | Section 189 and Rule 16 of the Companies (Meeting of Board and its Powers) Rules, 2014 | Form MBP-4 | Register of Contracts or Arrangements in which Directors are interested |
Other records to be maintained:
1. Minutes of the Board Meetings/ General Meeting/Committee Meeting as per the section 118.
2. Proof of sending draft minutes of BM and its delivery as per the SS-1
3. Notice, Agenda and Notes on Agenda of the Board Meeting/Annual General Meeting/Extra Ordinary General Meeting
4. Proof of sending notice of BM and its delivery
5. Attendance Register/slip of Board/General Meeting
6. Special notices if any received by the company
7. Acknowledgement of receiving of notice
8. Shorter Notice Consent of the AGM/EGM
9. Various correspondence with the Auditors
10. Consent and Resignation Letters received from the KMP/Auditors
11. Forms filed with the Registrar of Companies
12. Documents on which the common seal of the company has been affixed
13. Advertisements published
14. Instruments of Transfer
15. Representation letters
16. Circular resolutions
17. DPT-1 for Circular or circular in the form advertisement inviting deposit as per section 73
18. DIR-2 for Consent from the director to act as director as per section 152
19. DIR-8 for notice as per section 164
20. MBP-1 for disclosure as per section 184
21. Other documents, forms, certificates etc. under the Companies Act, 2013.
Author Bio
