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Maintenance of Statutory records and minutes of the Meetings
The Company registered under the relevant provisions of the Companies Act, 2013 shall need to maintain records and registers as laid down the relevant provisions of the Act. In addition to such records and registers, the Company shall also need to maintain complete details of the Meetings (Board meetings/ AGM/ EGM) along with the minutes of the meetings held during the year. Entry in the Minute Book shall be made within 30 days from the conclusion of the meeting.
Following are some of the registers/ records that a Company shall need to keep in order to be in compliant with the provisions of the Companies Act, 2013:
- Register of members;
- Register of Deposit;
- Register of Charges created against the Companies assets;
- Register of Directors and Key Managerial Personnel;
- Register Of Investment Made By A Company Held Not In Its Name
- Register of contracts in which Directors are interested, etc.
Procedure to be followed- Updation of register:
Collection of information / documents.
Review of the information / documents
Updation of registers/ records as per the information.
Procedure to be followed- Maintenance of Minutes:
Collection of information / documents.
Review of the information / documents
Drafting of the minutes of the Meetings
Filing of the minutes in the Minute Book
FAQ’s
1. Who all are liable to maintain the statutory records under the Companies Act, 2013?
– All the persons (example: Pvt Ltd. Companies, Public Ltd. Companies, LLP, One Person companies, etc) who are registered under the provisions of the Companies Act, 2013 shall be required to maintain the statutory records.
2. Is it mandatory for the Company/ LLP to abide by the provisions related to maintenance of statutory records and minutes of the meetings?
– Yes. Since these are statutory records, the Company/ LLP shall mandatorily need to maintain these, in order to be compliant with the provision of the Companies Act, 2013.
3. What are the penal provisions attracted in case of non-compliance of the provisions for the maintenance of Statutory Registers?
|
Default |
Penalty |
| Non Preparation of the minutes of the Board/ General meetings |
For Company: Rs 25,000 per meeting |
| Non maintenance of Register of Members |
Minimum: Rs. 50,000 |
| Non maintenance of Register of Charges |
Minimum: Rs. 1,00,000 |
| Non maintenance of Register of Directors |
Minimum: Rs. 50,000 |
| Non maintenance of Register of Contracts |
Rs. 25,000 |
4. What are the modes in which the records shall need to be maintained?
– All the Companies (except listed and companies having more than 1000 shareholders) have the option to maintain their statutory records in Electronic form.