What statutory registers must a company maintain under the Companies Act?

Question

I have just incorporated a company and want to know which statutory registers I am legally required to keep updated. Specifically, I want to know how Companies Act 2013, Section 88 applies to a situation like mine and what the corporate law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

What statutory registers must a company maintain under the Companies Act? is governed in India primarily by Companies Act 2013, Section 88, Companies Act 2013, Section 189 and Companies Act 2013, Section 170. Outcomes in statutory registers company disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 88 requires every company to maintain a register of members, and where applicable a register of debenture holders and other security holders, in the prescribed format.

Section 189 requires maintenance of a register of contracts or arrangements in which directors are interested, to be placed before the board and open for inspection by members.

Section 170 requires a register of directors and key managerial personnel, including their shareholding, to be kept at the registered office and updated with each change.

Other mandatory registers include the register of charges under Section 85 and the register of loans, investments and guarantees under Section 186, each with its own inspection and penalty provisions.

Failure to maintain or update these registers can attract penalties on the company and every officer in default under the respective sections.

In practice, in this order: 1) Set up all statutory registers immediately after incorporation; 2) Update each register promptly whenever a relevant event occurs; 3) Keep registers available for inspection at the registered office as required; 4) Engage a company secretary to audit register compliance periodically.

Timing matters here: Companies Act 2013, Section 88 works on limitation periods, so a statutory registers company claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in corporate law.