Every company that is registered with the Registrar of Companies in India has to maintain certain Statutory Registers as prescribed by the Companies Act, 2013. This includes various registers like Register of the company, Registers of directors and key managerial personnel, Registers of charges, Register of Members, Register of Employee Stock Options, Register of Renewed and Duplicate Share Certificates and Register of Shares/Other Securities Bought Back. There are different types of Company Registration in India but it is mandatory for every company registration to maintain these statutory registers under the companies Act.
Types of Registers to be maintained under the Companies Act, 2013:
A registered company in India have to maintain the different type of Statutory Registers under the Companies Act, 2013. These registers are as follows:
- Register of the company- Every company that accepts deposits is liable to keep one or more registers for the accepted deposits at the registered office, one or more registers for deposits. These have to be renewed for a period of every 8 consecutive years. The entries made in the statutory register of the company should be during a particular financial year (financial year). The directory of the company and company secretary or any other authorized officer must authenticate all the entries made in this type of statutory register. The register must contain the following information:
- Name and address of the depositors.
- PAN of the depositors.
- In case of minors, details of the parents or guardian.
- Particulars and information of the nominee.
- Rate and amount of each and deposit.
- Receipt Number of the Deposit.
- Chargeable interest rate.
- Duration of the made deposit.
- Date of Repayment.
- The due date for the payment of interest.
- Date of payment of the due interest.
- Details of the deposit insurance.
- Details of created charge or security.
- Other details in relation with the made deposit.
- Register of directors and key managerial personnel- Every company is required to maintain and keep a register that has the particulars of the directors and KMP (key managerial personnel). It should comprise and contain the details of the securities held by them in the company, any holding etc.
As per Rule 17 of Companies (Appointment and Qualification of Directors) Rules, 2014, the following particulars must be included:
- Director Identification Number (DIN).
- Name and surname of the directors.
- Any previous name or surname of the directors.
- Name of Father, mother and spouse.
- Date of birth.
- Present Residential address.
- Permanent Residential address.
- The date of board resolution for the made appointment.
- Date of appointment and reappointment;
- Date of cessation of office and reasons for the same.
- Register of Charges- In the Form no. CHG 7 a company must maintain the statutory register of charges. It should contain the details of the charges on assets, companies, property or undertaking along with particulars of property that has been acquired and which is subjected to charges and also particulars of any modifications in the charges that are registered with the registrar.
- Register of Members- Every company needs to keep and maintain the following registers for its members:
- Register for the other security holders
- Register of the members separately for the equity shares and preference shares.
- Register for debenture holders
- Register of Employee Stock Options- As per the provisions in the Companies Act, 2013 every company must keep the Register of Employee Stock Options in the form no. SH.6. The particulars must be entered therein. This statutory register should be kept in the registered office of the company. The company secretary or any authorized person must authenticate the entries made in this register.
- Register of Renewed and Duplicate Share Certificate- The details and particulars of each of the certificate issued for shares must be kept in this statutory register:
- Date of the passing the special resolution regarding authorization of buy-back of the securities.
- Date of the approval from the board.
- Number of shares issued.
- Price of shares or other securities that are authorized for buyback.
- Date of the opening and closing of offer for the buyback of shares and securities.
- Date of completion of the buy-back.
- Description of all the bought back shares or other securities by the company.