Maintenance of Documents as per Company law



Quick Summary
Maintaining company documents according to legal requirements is crucial for businesses. Certain documents, like incorporation filings and share certificate registers, must be preserved permanently until the company is dissolved. Other documents, including instruments creating charges, annual returns, and board meeting notices, have a retention period of at least eight years after the relevant transaction or financial year.

Documents preservation of which is permanent in nature

Sl. No

Name of the document

Place of preservation

Person responsible for custody

Provision

Period

1

Copies of all documents and information as originally filed under section 33 (incorporation) of the Companies Act, 1956

Registered office

Company Secretary or any other person authorized by the Board for the purpose

Sec 7(4) of the Companies Act, 2013,

Permanent, till dissolution of the company

2

Register of Renewed and Duplicate Share Certificates in Form SH-2

(In case of a private limited company only)

Registered office of the company or at such other place where the Register of Members is kept

Company Secretary or any other person authorized by the Board for the purpose.

Rule 6 (3) of Companies (Share Capital and Debenture) Rules, 2014

Permanent

3

Share certificate forms and related books and documents – Disputed cases (applicable for all companies where there might be disputed cases with respect to issue of  share certificate certificates)

Registered office

Company Secretary or such other person as the Board may authorize

Rule 7 (3) of the Companies (Share Capital and Debenture) Rules, 2014

Permanent

4

Register of Charges in Form CHG-7 Registered office Company Secretary or any other person authorised by the Board for the purpose. Rule 10(4) of the Companies (Registration of Charge) Rules, 2014 Permanent

Registered office

Company Secretary or any other person authorised by the Board for the purpose.

Rule 10(4) of the Companies (Registration of Charge) Rules, 2014

Permanent

5

Register of Members, as maintained by a depository under section 11 of the Depositories Act, 1996. (Maintenance of register at depository level is applicable for only public ltd cos and equity listed entities)

Maintained by a depository

Maintained by a depository

Rule 15(1) of the Companies (Management and Administration) Rules, 2014 read with section 88 of the Companies Act

Permanent

6

Minutes books of general meetings

Registered Office

Company Secretary or any director duly authorized by the Board for the purpose

Rule 25(1)(e) of the Companies (Management and Administration) Rules, 2014

Permanent

7

Minutes books of the Board and committee meetings

(these would generally include statutory committee meetings)

Registered office or such place as Board may decide

Company Secretary or any director duly authorized by the Board for the purpose

Rule 25(1)(f) of the Companies (Management and Administration) Rules, 2014

Permanent

8

Register in form MBP-2 u/s 186 of the Companies Act, 2013 (loan/ guarantee/ security or making an acquisition of securities)

Registered Office

Company Secretary or any other person authorised by the Board for the purpose

Rule 14(3) of the Companies (Meetings of Board and its Powers) Rules, 2014

Permanent

9

Register in form MBP-3 u/s 187 of the Companies Act, 2013 (investment held in the name of any other person)

Registered Office

Company Secretary or any other person authorised by the Board for the purpose

Rule 14(3) of the Companies (Meetings of Board and its Powers) Rules, 2014

Permanent

10

Register in Form MBP-4 u/s 189 of the Companies Act, 2013 (Register of contracts or arrangements in which directors are interested as per section 184 & 188 of the Act)

Registered Office

Company Secretary or any other person authorised by the Board for the purpose

Rule 16(3) of the Companies (Meetings of Board and its Powers) Rules, 2014

Permanent

Company Document Maintenance: Legal Requirements Explained

Documents with a preservation period of not less than eight years after completion of the relevant transactions

Sl.no

Name of the document

Place of preservation

Person responsible for custody

Provision

Period

1

Instrument creating charge or modification thereon

Registered office

Company Secretary any other person authorised by the Board for the purpose

Rule 10(4) of the Companies (Registration of Charge) Rules, 2014

8 years from the date of satisfaction of charge by the company

2

Copies of all annual returns prepared under section 92 and copies of all certificates and documents required to be annexed thereto

Registered office

Company Secretary

Rule 15 (3) of the Companies (Management and Administration) Rules, 2014

8 years from the date of filing with the Registrar of Companies.

3

All notices in Form MBP-1 for disclosure of concern/ interest received u/s 184 of the Companies Act, 2013 and Rule 9(1) the Companies (Meetings of Board and its Powers) Rules, 2014

Registered office

Company Secretary any other person authorised by the Board for the purpose

Rule 9(3) of the Companies (Meetings of Board and its Powers) Rules, 2014

8 years from the end of the financial year to which it relates

4

The attendance register of Board & Committee Meetings

Registered office

Company Secretary or Where there is no Company Secretary, any other person authorised by the Board for this purpose

4.1.6 & 4.1.7 of Secretarial standards -1

8 financial years from the date of last entry made therein and may be destroyed thereafter with the approval of the Board.

5

Office copies of Board Meeting Notices, Agenda, Notes on Agenda and other related papers of the company

Registered office

Company Secretary or Where there is no Company Secretary, any other person authorised by the Board for this purpose

8.2 of Secretarial Standards-1

As long as they remain current or for 8 financial years whichever is later and may be destroyed thereafter with the approval of the Board

6

Office copies of general meeting Notices, scrutinizers report and other related papers of the company

Registered office

Company Secretary Where there is no Company Secretary, any other person authorised by the Board for this purpose

18.2 (Secretarial Standards-2)

As long as they remain current or for 8 financial years whichever is later

7

Any other register /documents required by any law, for the time being in force

Registered office

Company Secretary

8 financial years

8

Books of account

Registered office

CFO

8 financial years

9

Any other register /documents required by any law, for the time being in force

In the Company

Company Secretary or any other person authorised by the Board for the purpose

Rule 22 (11) of the Companies (Management and Administration) Rules, 2014

8 financial years

 
 

Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement

FAQ :

Documents requiring permanent preservation include copies of incorporation filings, registers of renewed and duplicate share certificates, share certificate forms for disputed cases, registers of charges, registers of members, minutes books of general and board/committee meetings, and registers related to loans, guarantees, securities, and director interests.

Instruments creating a charge or modifications thereof must be preserved for a period of 8 years from the date of satisfaction of the charge by the company.

Copies of all annual returns prepared under section 92, along with annexed certificates and documents, must be kept for 8 years from the date of filing with the Registrar of Companies.

The responsibility for document custody typically falls to the Company Secretary or another person authorised by the Board. For books of account, the Chief Financial Officer (CFO) is responsible.

Yes, office copies of Board Meeting Notices, Agendas, Notes on Agenda, and other related papers should be kept for 8 financial years or as long as they remain current, whichever is later. They may be destroyed thereafter with Board approval.

The attendance register of Board & Committee Meetings must be preserved for 8 financial years from the date of the last entry and may be destroyed thereafter with the approval of the Board.




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