Suman Khurana (ACS) (209 Points)
26 April 2010Hi
A co's registered office is situated in Delhi but its statutory rgisters are maintained in Noida. As per section 163, its not permissible. But many copanises follow this practice i.e. registered office in one state while statutory records in other state.
Please tell what can be done in this case?
Regards
CS Mayur Buha
(Company Secretary)
(238 Points)
Replied 26 April 2010
Approval of Share holders with majority
Suman Khurana
(ACS)
(209 Points)
Replied 26 April 2010
Hi
But this requirement is regarding keeping registers within the limits of city, town or village where the RO of the Company is situated. If the place is outside the state then what to do?
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 26 April 2010
Even if it is in differnt state, you have to pas the same as a Special resolution and during the AGM you have to keep th esam eat the location where you are conducting the AGM.
So once you get 3/4th majority in AGM or EGM then you can keep the same at different location.
This is my view :)
Suman Khurana
(ACS)
(209 Points)
Replied 26 April 2010
Hi Jitesh and Rohit
Have you actually done related to this. Bcoz after passing SR, Form 23 is to be filed and ROC may obejct on the same?
Please refer my any such case, where this process is followed and statutory registers are kept in a state other than the state at which regsitered office of the co is situated?
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 27 April 2010
Dear Sir,
Actually the Act is silent about whether we can change the place of keepings of the statutory docs other than provided under Sec 164. But in this senario you can keep the same in your company, because a certified copy of documents also you keep in reg office. Any how if RoC is going to have any inspection they will give you 21 or 15 days notice by that time you can keep or shift the same in Delhi.
The main reason for conduting AGM with in the local limits of Reg office is also enforce that the you have to keep the docs in the Reg office or under Sec 164. Because during AGM the members may demand to see the statutoy documents as it is their rights.
According to me what you can do is pass a spcial resolution and file form 23 in the explanatory statement you mention that it is for easy conduting of the meeting as majority of the shareholder is staying in Noida or is shown convenience in attending meetings at Noida.
I think RoC may approve as long as you are protecting the Shareholder interest and no major violation of the Act is done. Having said that I am not 100% exact sure that this will work .
I request our other learned members to take part in this.
Regards
CS Jithesh
Pavan.P.R.
(Audit assistant)
(26 Points)
Replied 04 July 2012
Can any body suggest me Is any company can keep their statutory register in the Chartered accountant office or Company secretary office?
CS. DISHA SHAH
(Properitor of D. M. SHAH & CO. COMPANY SECRETARY)
(394 Points)
Replied 04 July 2012
Dear Pavanji,
Read the Section - 163 properly what is say:
All the Statutory Registers should be maintained at the Registered Office of the Company
Provided, All of these or any one or more , instead of being kept at registered office of the company can be kept at any other place within the city, town or village in which Registered Office of the Company is Situate. And ,
another proviso to keep registers at other place but within the city, town or village in which Registered Office of the Company is situate is: That place should be approved by Special Resolution in GM.
.
So now, if your CA or CS office is within the above limit and if it is approved by special resolution in GM,,, there is no issue in doing same.
CAclubindia
