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Maintenance of Statutory Registers in soft copy

CA.SKR (CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional) (442 Points)

09 December 2011

Is it permissible under Companies Act, 1956 for maintenance of various Statutory Registers prescribed under Companies Act in soft form i.e. on computer and to take out printout every year and to get it signed / authenticated by Director? If yes, please mention the Section of Companies Act under which it is permissible.

Thanks in advance

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14 Replies

Parminder Kaur Bhatia (CA) (64 Points)
Replied 09 December 2011

Originally posted by : CA.Satendar Kumar

Yes, we can make the statutory register in soft copy and for the signing purpose take the print out of the same and get it signed by authorized person.

The Companies Act, 1956 do not specifically provide any section for maintenance of electronic register & records by the Companies. But you can refer Section 7 of Information Technology Act,2000 which permits the maintenance of registers and records in electronic mode

(Guest)

There is no section in Companies Act which allow to make registers in electronic form. Neither their is any case law or clarification till date on the same. Soft copy is not maintainable in court as well therefore it is advisable to make in hard copies only.

RG - A Helping Hand (Company Secretary) (13867 Points)
Replied 10 December 2011

Originally posted by : Neha Jain
	Soft copy is not maintainable in court as well therefore it is advisable to make in hard copies only.

I would not advise you to maintain statutory registers in soft copy.

(Guest)

Mr. Richank, Pls clarify if statutory registers are made in electronic form and then their printouts are taken and signed by the directors. Then it will be treated as maintained in SOFT COPY OR HARD COPY. Many thanks in anticipation. Regards Neha

CA Maulik Rachh (-) (114 Points)
Replied 13 December 2011

Hard copy is advisable..

Rashi Tiwari (Company Secretary) (131 Points)
Replied 13 December 2011

Hard copy is advisable....... As soft copies can be tempered.

(Guest)

Pls clarify if statutory registers are made in electronic form and then their printouts are taken and signed by the directors. Then it will be treated as maintained in SOFT COPY OR HARD COPY.

Many thanks!

Secretarial Organizer (Self Employed) (52 Points)
Replied 04 January 2012

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(Guest)

Dear all,

Parminder is correct. As per Secretarial Standards 4 on Registers and records issued by ICSI, (Section 7 of) The Information Technology Act, 2000, permits the maintenance of registers and records in electronic mode. Such registers and records should be maintained in accordance with the provisions of the said Act.

For your information I have attached soft copy of SS-4 issued by ICSI.

Regards,

Veeral Gandhi

Attached File : 698334 1012486 ss 4 registers and records .pdf downloaded: 1243 times

2 Like

(Guest)

As per Secretarial Standards 4 on Registers and records

“Maintenance” means keeping registers and records, either physically or in electronic mode as may be permitted under any law for the time being in force and includes the making of appropriate entries therein, the authentication of such entries and the preservation of such registers and records.

CS Mitesh Mehta (Company Secretary) (17139 Points)
Replied 10 July 2012

Originally posted by : Neha Jain
	Pls clarify if statutory registers are made in electronic form and then their printouts are taken and signed by the directors. Then it will be treated as maintained in SOFT COPY OR HARD COPY. Many thanks!

It will be treated as HARD COPY

Biswajit Dey (student) (21 Points)
Replied 22 November 2013

Yes, u can maintain statutory register in soft copy... electronic document are also admissible in the court of law provided it is maintained according to the proisions of IT Act...Further, maintaining aforesaid registers in soft copy can also be included in the GREEN INITIATIVES taken by the company....