LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Maintenance of statutory registers

Radhika (Company Secretary) (303 Points)

12 July 2016

Hello..

As per section 94, Statutory Registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company.

Suppose Corporate Office of the Company is different from its Registered Office and it is situated outside the local limits of the Town / City and 1/10 of total members do not reside in the town in which registered office is situate.

However, the Company wants to maintain its registers in its Corporate Office.

Please suggest.

Reply
Follow
Share

1 Replies

Kamal Kumar (B.Com) (647 Points)
Replied 13 July 2016

Hi Radhika

A company can maintain its Statutory Register and Return as specified in Section 94 at a place other than registered office of the Company with the approval of shareholders of the Company.

Therefore you can maintain your Statutory Register and Return at your corporate office but you have to make sure that atleast 1/10 of the shareholders resides within the jurisdiction of your corporate office.

Secondly section 94 allows only Register of Member, Register of Debentureholder and Annual Return be kept at other place, other Statutory Registere shall be kept at the Registered office of the Company but you can keep Minutes Book at your corporate office with the approval of Board of directors of the Company.

Lastly you also need to send advance intimation to ROC atleast one day before the General Meeting in Form no MGT-14

Some relevant links:

https://www.dokmart.com/documents/board-resolution-keeping-of-minutes-book-at-a-place-other-than-registered-office-of-the-company/info

https://www.dokmart.com/documents/board-resolution-keeping-of-statutory-register-and-records-at-a-place-other-than-the-registered-office-of-the-company/info