BOOKS OF ACCOUNTS - LEGAL REQUIREMENTS FOR COMPANIES | ||||||||
Auditor is required by sec.227 of the companies act,1956 to carry out investications | ||||||||
as will enable him to form an opinion as to whether proper accounting records have been | ||||||||
kept by the company. | ||||||||
The question of what accounting records need to be kept by a company is also dealt | ||||||||
within statute. | ||||||||
Section 209. Books of account to be kept by company | ||||||||
1[(1) Every company shall keep at its registered office proper books of account with respect to- | ||||||||
(a) all sums of money received and expended by the company and the matters | ||||||||
in respect of which the receipt and expenditure take place; | ||||||||
(b) all sales and purchases of goods by the company; | ||||||||
(c) the assets and liabilities of the company; and | ||||||||
3[(d) in the case of a company pertaining to any class of companies engaged in production, | ||||||||
processing, manufacturing or mining activities, such particulars relating to utilisation of | ||||||||
material or labour or to other items of cost as may be prescribed, if such class of companies is | ||||||||
required by the Central Government to include such particulars in the books of account:] | ||||||||
Provided that all or any of the books of account aforesaid may be kept at such other place | ||||||||
in India as the Board of directors may decide and when the Board of | ||||||||
directors so decides, the company shall, within seven days of the decision, | ||||||||
file with the Registrar a notice in writing giving the full address of that other place.] | ||||||||
(2) Where a company has a branch office, whether in or outside India, the company shall be | ||||||||
deemed to have complied with the provisions of sub-section (1), | ||||||||
if proper books of account relating to the transactions effected at the branch office | ||||||||
are kept at that office and proper summarised returns, made up to dates | ||||||||
at intervals of not more than three months, are sent by the branch office to | ||||||||
the company at its registered office or the other place referred to in sub-section (1). | ||||||||
Note : | ||||||||
Sec.209 does not name the books of account that a company shall keep. | ||||||||
It may maintain whatever books it likes provided all the aforesaid transactions are | ||||||||
recorded therein. | ||||||||
As per sec.2(8) books and paper and book or paper include accounts, deeds, | ||||||||
vouchers,writings and documents. | ||||||||
So, | ||||||||
Proper books of accounts means | ||||||||
books necessary to give a true and fair view of the state of affairs of the company | ||||||||
and to explain its transaction. | ||||||||
must be kept on accrual basis of accounting & according to double entry system | ||||||||
of accounting. | ||||||||
As per sec.541(2) | ||||||||
The records must include as a minimum : | ||||||||
Cash book(cash/bank) containing entries on day to day basis | ||||||||
Purchase/Sales journals or some similar type of record supported by invoices. | ||||||||
(i.e) Buyers and sellers are capable of being identified. | ||||||||
(Detailed records are not required for goods sold by way of ordinary retail trade) | ||||||||
Year end stock summaries ( Prepared from stock records or physical counts) | ||||||||
together with statements of ant stocktakings on which those summaries are based. | ||||||||
(Statement of stock counted on a cyclical basis during the year should be | ||||||||
retained) | ||||||||
Nominal Ledger. | ||||||||
Note : | ||||||||
Sec.209 says Transactions | ||||||||
Sec.541(2) says Minimum Records | ||||||||
Proper books of account as required by law are those which contain a record of all | ||||||||
the transactions specified both in sec.209 and sec.541(2) in a manner that they present | ||||||||
a true and fair view of the state of affairs of the financial position and profitability of the company. | ||||||||