Statutory ROC Records as per Companies Act 2013
The statutory ROC records are all those records which are to be maintained by a company to meet various requirements of the ROC, Companies Act of 2013, various Rules associated with this Act, and rules of other relevant regulatory bodies. This webpage gives very useful info about the various statutory roc records as per companies act 2013, to help all types of companies located in India.
The word 'Records' encompasses all those registers and documents of a company which are maintained in the following many or all forms/categories --- books of accounts, registers for various purposes, agreements and contracts, incorporation documents, minute books, documents related with business management and governance, etc. Every company depending upon the type and nature of its business/service, is required to maintain all necessary and advisable records throughout its life till dissolution, in the physical or electronic mode. The new Indian Companies Act of 2013 and its all associated Rules and Regulations put emphasis on maintenance of all statutory records in the electronic mode, rather than in the physical form. The Section 120 of the Companies Act of 2013, and the Rules 27 of the Companies (Management and Administration) Rules of 2014, advocate for strict and proper maintenance and inspection of company documents in electronic form. All listed companies and other companies each having at least One Thousand shareholders, debenture holders, and other security holders, have been rigorously recommended to use the electronic format for maintenance and inspection of all statutory records. All other types of small and big companies are also encouraged to adopt such electronic maintenance of company records, as quickly as possible. Again, all records should be accurate, up-to-date, suitable for easy inspection, and fully secure, and are to be safely kept at the registered office of the concerned company. The Company Secretary, Managing Director, or any officer duly authorized by the Board of Directors of the company, can be responsible for maintenance and security of all electronic records of the company.
Here it is noteworthy that all electronically maintained company registers as per companies act 2013, must facilitate the following significant activities:
- The records must allow easy readability, retrievability, and reproduction of the same in printed forms.
- There must be ample protection against loss of records, unauthorized access, and alteration or tempering of the records.
- The records must facilitate dating, updating, or signing digitally whenever required by the fully authorized officials.
- Once dated and signed digitally, the records must not allow further editing or alteration.
- The records should allow updating, with the date of updating recorded on every updating.
- And, many other desirable, convenient, and safety facilities.
List of Statutory Records and Registers
Provided below is an extensive list of statutory records and registers to be maintained by a company in India. However, these all records are not applicable to all types of companies. In general, the one-person companies and private limited companies require maintenance of a quite lesser records as compared to those required by a listed public limited company.
The following company maintenance registers and records have been recommended by the following --- The Companies Act of 2013, the Companies (Management and Administration) Rules of 2014, the Companies (Acceptance of Deposits) Rules of 2014, the Share Capital and Debentures Rules of 2014, the Companies (Prospectus and Allotment of Securities) Rules of 2014, and many other provisions and rules associated with the Companies Act of 2013, the Secretarial Standards-I & II, and the Rules and Regulations associated with SEBI (the Securities and Exchange Board of India).
- Books of Accounts, including the Financial Statements and Reports
- Cost Records
- Register and Index of Members [as per Section 88(1)(a) of the CA-2013, and the Rule-3 of the Companies (Management and Administration) Rules of 2014]
- Register of Charges and Instrument of Charges [as per Section 85 of the CA-2013, and Rule-10 of the Companies (Registration of charges) Rules, 2014]
- Register of Directors and Key Managerial Personnel (including the details of securities held by them) [as per Section 170(1) of the CA-2013, and Rule 17 of the Companies (appointment and Qualification of Directors) Rules, 2014]
- Register of Debenture holders
- Register of Foreign Members
- Register of Contracts in which Directors are interested
- Minutes Books for All Types of Meetings (General Meetings, Board Meetings, and Committee Meetings) [as per the Companies (Management and Administration) Rules of 2014]
- Register of Security holders
- Register of Loans, Investments, Guarantees and Securities
- Register of Transfer and Transmission of Equity/Preference Shares [as per Section 56 of the CA-2013]
- Record of Private Placements [as per Section 42 of the CA-2013, and the Rule 14 of the Companies (Prospectus and Allotment of Securities) Rules of 2014]
- Register of Securities Bought Back [as per the Share Capital and Debentures Rules of 2014]
- Register of Deposits [as per Section 73 & 76 of the CA-2013, and Rule 14 of the Companies (Acceptance of Deposits) Rules of 2014]
- Register of Sweat Equity Shares [as per the Share Capital and Debentures Rules, 2014]
- Register of Renewed & Duplicate Share Certificates [as per the Share Capital and Debentures Rules, 2014]
- Register of Investment not held by companies in its own name
- And, many other registers and records needed by or applicable to a company.
How We Help with Statutory ROC Records ?
Our Delhi-based and internationally famous law firm has an ornate pool of veteran and expert company lawyers and company secretaries, to extend the full gamut of secretarial services to all types of companies located in entire India. These secretarial services essentially include the service for maintenance of statutory records, and various compliances required to be made by companies. Our well-informed and accurate, efficient and responsible, and highly flexible and easily affordable bookkeeping and other compliance services are readily available on monthly and annual packages.