Aditya Soni (CS Final Student Trainee) (727 Points)
13 April 2012maintenance of register of members u/s 150 whose responsibility? - Company Secretary OR RTA OR who?
Dear Aditya,
As per :
SECURITIES AND EXCHANGE BOARD OF INDIA
(REGISTRARS TO AN ISSUE AND SHARE TRANSFER AGENTS) (AMENDMENT) REGULATIONS, 2006
(g) “share transfer agent” means –
(i) any person, who on behalf of any body corporate, maintains the records of holders of securities (i.e. even Register of members) issued by such body corporate and deals with all matters connected with the transfer and redemption of its securities;
(ii) a department or division, by whatever name called, of a body corporate performing the activities referred in sub-clause (i) if at any time the total number of the holders of its securities issued exceed one lakh;”
-Thus, if RTA has been appointed, it is it's reponsibility to maintain the Register of members. If he has not been appointed, it is the responsibility of the Company Secretary to maintain the Register of members. Also read Sec. 150 along with Sec. 5 of Companies Act, 1956.
Regards,
Veeral Gandhi
Aditya Soni
(CS Final Student Trainee)
(727 Points)
Replied 23 April 2012
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