Conversion to electronic records & destruction of items

Companies Act 2013 336 views 1 replies
We thank you for the wonderful advise we get at your site & from your experts.
 
We have converted our Private Ltd Co to LLP on 22Jun15. I would be very thankful if you could please advise on the following:
 
Maintainance in Electronic Form:
I was reading that with companies act 2013, it is possible to maintain records in electronic form. We have minutes in physical form, so shall we scan the same to PDF file. It is mentioned that the Electronic records shall be searchable & indexed. So, for every financial year should we create a seperate PDF file containing all scanned pages of the meetings during that year. Will every new financial year start with Page 1 for the scanned pages?
Further, we can apply digital signature & preseve it. Can the physical minute books, AGM book, EGM book etc then be destroyed?
 
Destruction of items pursuant to conversion:
Shall we destroy the common seal since we are now an LLP? At the time of company formation we had printed share certificates, can we destroy the unused blank certificates?
 
I would be grateful for your valued advise.
Replies (1)

a) Maintenance of electronic records:

 

Scanning and signed minutes in PDF form is not maintenance of electronic records as per the Act.  There are strict provisions in the rules for the same.  The electronic records have to be digitally signed and maintained in secured environment.  For this one has to buy special software available in the market.  Hence physical records maintained by you have to be kept by you as it is.

 

b) Yes, you can destroy common seal and blank forms of share certificates.

 

 


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