REGISTER AND INDEX OF DEBENTURE HOLDERS

Section and Name           Section 152(2) REGISTER AND INDEX OF DEBENTURE HOLDERS

Requirements and Format          "The register should contain information relating to name, father’s /husband’s name; address and occupation, if any, of each debenture holder; date of allotment; date of registration with the Registrar of Companies; the debentures held by each holder distinguishing each debenture by its number except where such debentures are held with a depository; distinctive number and certificate number of debentures; the amount paid or agreed to be considered as paid on those debentures; date of payment; date on which the name of each person was entered in the register as a debenture holder; date on which any person ceased to be a debenture holder; date of transfer of debentures; serial number  of instrument of transfer; transferor’s name and folio number; transferee’s name and folio number, transfer number, number of debentures transferred and their distinctive numbers; date of transfer; and instructions, if any, for payment of interest."

Every company having more than 50 debenture holders should also keep an index of the names of the debenture holders of the company unless the register is in such form as in itself constitutes an index. 

Entries in the register should be made simultaneously with the allotment or transfer of debentures and entries in the index should be made forthwith.

In the case of joint shareholders, the particulars of each joint shareholder should be recorded in the register.

Where a company closes its register of debenture holders, it should give not less than 7 days previous notice by advertisement in an English newspaper or in a vernacular newspaper circulating in the district in which the registered office is situated.

Where to Kept  "The register and index should be maintained at the registered office of the company unless, in a general meeting, a special resolution is passed, authorizing the keeping of the register at any other place within the same city, town or village in which the registered office is situated and an advance copy of the proposed special resolution is given to the Registrar of Companies. "

Inspection          "Except when the register is closed under the provisions restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours in each working day of the company are allowed for inspection.

Members or debenture holders and trustees of debenture holders can inspect the register and index without payment of any fee and any other person can inspect the register on payment of the requisite fee.                                                                                            

Copies of the register can be demanded by any person who inspects the register."

Authentication Entries in the register and index should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      The register and index should be preserved for a period of 15 years from the date of redemption of debentures and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose. 

Statutory Books and Registers under Companies Act, 1956 - REGISTER AND INDEX OF MEMBERS

Section and Name           Section 150(1) & 151(1) REGISTER AND INDEX OF MEMBERS

Requirements and Format          "In the case of a company having share capital, the register should contain the following particulars in respect of each member: name, father’s /husband’s name, address (address of registered office in case the member is a body corporate) and occupation; name of guardian if shares are held by a minor and date of birth of minor; folio number; date on which the name of each person is entered in the register as a member; date on which any person ceased to be a member; allotment number or transfer number; number of shares allotted or transferred; date of allotment or transfer; nominal value of shares acquired; type of shares; number and date of issue of share certificate; transferor’s name and folio number; distinctive number of shares except where such shares are held with a depository; nominal  value and the amount paid or agreed to be considered as paid and amount due, if any, on such shares; date of payment; date of transfer; number of shares transferred; transferee’s name and folio number; nominal value of shares transferred; balance of shares held; number of shares, if any, kept in abeyance; note of declaration of beneficial  interest, if any, given by the member; name and details of nominee; dividend mandates; other instructions, if any, given by the member with regard to sending of notices etc.  In the case of a company without share capital, the register should contain the following particulars in respect of each member: name, father’s /husband’s name, address and occupation; folio number; date on which the name of each person is entered in the register as a member; date on which any person ceased to be a member; amount of guarantee; instructions, if any, given by the member with regard to sending of notices etc."

Separate registers should be maintained for each class of equity and preference shares.

Every company having more than 50 members should keep an index of the names of the members of the company unless the register is in such form as in itself constitutes an index.

Entries in the register should be made simultaneously with the allotment or transfer of shares and entries in the index should be made forthwith.

In the case of joint shareholders, the particulars of each joint shareholder should be recorded in the register.

Where a company closes its register of members, it should give not less than 7 days previous notice by advertisement in an English newspaper or in a vernacular newspaper circulating in the district in which the registered office is situated.

Where to Kept  "The register and index should be maintained at the registered office of the company unless, in a general meeting, a special resolution is passed, authorizing the keeping of the register at any other place within the same city, town or village in which the registered office is situated and an advance copy of the proposed special resolution is given to the Registrar of Companies. "

Inspection          "Except when the register is closed under the provisions restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours in each working day of the company are allowed for inspection.

Members or debenture holders can inspect the register and index without payment of any fee and any other person can inspect the register on payment of the requisite fee.                                                                                             Copies of the register can be demanded by any person who inspects the register."

Authentication Entries in the register and index should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      The register and index should be preserved permanently and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose

Statutory Books and Registers under Companies Act, 1956 - REGISTER OF CHARGES

Section and Name           Section 143(1) REGISTER OF CHARGES

Requirements and Format          "The register should contain the following information in respect of each charge: serial number of the charge; date of creation of charge or the date of the resolution creating a series of debentures with description of instrument creating charge; date of completion of acquisition of properties subject to charge; particulars of the property charged and terms and conditions thereof; period and amount of charge; names and addresses of persons entitled to the charge; date of modification of charge with description of instrument modifying the charge; particulars of modification; date of satisfaction of charge or redemption of debentures; date of filing of the creation of charge or modification or satisfaction of the charge with the Registrar of Companies and the respective date of registration of charge or modification or satisfaction as the case may be; if any delay is condoned by the competent authority, the fact and date of such condonation."

Entries should be made in the register forthwith after the creation or modification or satisfaction of a charge. Entries in the register should be made in chronological order of creation of the charge and modification thereof.

Where to Kept  The register should be maintained at the registered office of the company.

Inspection          "The register alongwith copies of instruments, if any, creating or modifying charges should be open for inspection during the business hours of the company, subject to such reasonable restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours in each working day of the company are allowed for inspection.

Members or creditors can inspect the register and the instruments, if any, creating or modifying charges without payment of any fee and any other person can inspect the register on payment of the requisite fee."

Authentication Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      Instruments creating a charge should be preserved for a period of 8 years from the date of satisfaction of charge and should be kept in the custody of the secretary of the company or any other person authorised by the Board for the purpose. The register should be preserved permanently in the custody of the secretary of the company or any other person authorized by the Board for the purpose. 

Statutory Books and Registers under Companies Act, 1956 - REGISTER OF BUY-BACK OF SECURITIES

Section and Name           Section 77A(9)  REGISTER OF BUY-BACK OF SECURITIES

Requirements and Format          "The register should contain information relating to the date of Board or special resolution authorizing buy-back; quantum authorized to be bought back; date of completion of buy-back; description of securities bought back and, in respect of each folio number/client ID number or certificate number of securities bought back, the date of buy-back;

number of securities bought back; category to which they belong (preference/ equity/ employees’ stock option/ sweat equity, etc.); name of last holder of securities; reference to entry in the register of members; mode of buy-back; nominal value of securities and consideration paid for buy-back; date of payment; date of cancellation of securities bought back; date of extinguishment and physical destruction of securities bought back."

A separate register should be maintained for each buy-back undertaken by the company.

"Entries in the register should be made in chronological order. Entries in the register should be made forthwith at every stage such as completion of buy-back, cancellation and extinguishment of securities."

Where to Kept  The register should be maintained at the registered office of the company.

Inspection          The register is not open for inspection.

Authentication Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      The register should be preserved for a minimum period of 8 years from the date of completion of buyback and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose.              

Statutory Books and Registers under Companies Act, 1956 - REGISTER OF INVESTMENTS IN ANY SHARES OR SECURITIES NOT HELD IN NAMES ITS OWN NAME

Section and Name           Section 49(7)  REGISTER OF INVESTMENTS IN ANY SHARES OR SECURITIES NOT HELD IN NAMES ITS OWN NAME

Format The register should contain the following information in relation to each investment made: name of the company or body corporate in which investment is made; date of Board resolution; date of investment; kind and number of securities; purpose for making the investment; certificate number; distinctive number of securities; folio number/client ID number; cost of acquisition of securities; face value of securities; name of the person in whose name the investment is made; date of disposal; number of securities disposed of and sale consideration.

Entries in the register should be made forthwith, in chronological order and separate folios should be assigned to every person in whose name the investments are held.

Where to Kept  The register should be maintained at the registered office of the company.

Inspection          The register should be open for inspection of any member or debenture holder of the company during the business hours of the company without payment of any fee, subject to such reasonable restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours in each working day of the company are allowed for inspection.

Authentication Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      The register should be preserved permanently and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose.

Statutory Books and Registers under Companies Act, 1956 - REGISTER OF CONTRACTS IN WHICH DIRECTORS ARE INTERESTED

Section and Name           Section 301  REGISTER OF CONTRACTS IN WHICH DIRECTORS ARE INTERESTED

Format The register should contain the following particulars, to the extent they are applicable in case of each contract: date of the contract; names of the parties to the contract; principal terms and conditions and whether the terms are in accordance with prevailing market rates or practices; date of receipt of particulars of contract at the office of the company; date of entry in the register; date on which the contract was placed before the Board at its meeting for approval; names of directors present; names of interested directors; names of directors voting for and against the contract or arrangement and names of those remaining neutral; date of next meeting at which the register was placed for signature and names of directors present in that meeting.

Entries in the register should be made within 7 days of the date of the Board meeting at which approval of the contract or arrangement was obtained or, if no approval of the Board is required, within 7 days of the receipt at the registered office of the company of particulars of such contract or arrangement, or within 30 days of the date of the contract or arrangement, whichever is later.

Where to Kept  The register should be maintained at the registered office of the company.

Inspection "The register should be open for inspection to members during the business hours of the company, subject to such  reasonable restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours  in each working day of the company are allowed for inspection. Members can inspect the register without payment  of any fee."

Authentication  Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      The register should be preserved permanently and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose. 

Statutory Books and Registers under Companies Act, 1956 - REGISTER OF DIRECTORS, MANAGING DIRECTOR, MANAGER AND SECRETARY

Section and Name           Section 303(1) REGISTER OF DIRECTORS, MANAGING DIRECTOR, MANAGER AND SECRETARY

Format "The register should contain the following particulars in respect of each director, managing director, manager or secretary: present name and surname in full; any former name or surname in full; father’s/husband’s name and surname in full; date of birth; usual residential address; nationality including the nationality of origin, if different; business / occupation; committee membership/ chairmanship in the company; office of director, managing director, manager or secretary and committee membership/chairmanship held/ relinquished in any other body corporate; date of  appointment and re-appointment in the company; date of cessation of office and reasons therefor; disqualifications, if any."

Entries should be made in the register forthwith on receiving intimation from the directors. Entries in the register should be made folio wise and, within each folio, transaction wise.

Directors should give notice of the securities of the company held, acquired or disposed of by them.

Where to Kept  The register should be maintained at the registered office of the company.

Inspection          "The register should be open for inspection during the period beginning 14 days before the date of the annual general meeting of the company and ending 3 days after the date of its conclusion, during the business hours of the company subject to such reasonable restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours in each working day of the company are allowed for inspection.                                               

Members or debenture holders can inspect the register without payment of any fee."

Authentication Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

Preservation      The register should be preserved permanently and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose. 

Statutory Books and Registers under Companies Act, 1956 - REGISTER OF DIRECTORS’ SHAREHOLDINGS

Section and Name           Section 307 REGISTER OF DIRECTORS’ SHAREHOLDINGS

               

Format The register should contain the following particulars in regard to each director of the company: name of the director; number, description and nominal value of securities held by or in trust for the director in the company or in any other body corporate being the subsidiary or holding company of the company, or subsidiary of the holding company of the company; date of acquisition and price or other consideration paid; date of disposal and price or other consideration received; and cumulative balance of number of securities held.

Entries in the register should be made forthwith

Where to Kept  The register should be maintained at the registered office of the company.

Inspection "The register should be open for inspection during the business hours of the company, subject to such reasonable restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours in each working day of the company are allowed for inspection. Members can inspect the register without payment of any fee and any other person can inspect the  register on payment of the requisite fee. "

Authentication Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending his signature to each entry.

               

Preservation      The register should be preserved permanently and should be kept in the custody of the secretary of the company or any other person authorized by the Board for the purpose. 

Statutory Books and Registers under Companies Act, 1956 -REGISTER OF INTER CORPORATE LOANS AND INVESTMENTS

Section and Name	Section 372A REGISTER OF INTER CORPORATE LOANS AND  INVESTMENTS
Format	The register should contain in respect of each investment or loan made, the  particulars of the name and address of the body corporate in which  investment or loan is made; date of making such investment or loan; the amount, terms, period and purpose of the investment or loan; number and kind of shares or debentures or other securities in which investment is made; nominal value, paid-up value and cost of the  investment made; percentage of the investment or loans made to  paid up capital and free reserves of the  company; rate of interest on loan; date and amount of repayment on the loan; bank rate of  interest; date of Board / general meeting approval; specific sources of funding; date of approval of financial institutions; date of disinvestment and details of number, face value and cost of securities disinvested.
	The register should contain the following particulars in respect of  each guarantee given: date on which the guarantee is given; name and address of the body corporate to which loan is made in respect of which the guarantee is given; date of making such loan; percentage of the exposure on guarantee given to paid up capital and free reserves; date of Board / general meeting approval; date of approval of financial institutions.
	The register should contain the following particulars in respect of security  provided for each loan: amount; date on which the security is provided; name and address of the body corporate to which loan is made in respect of which the security is provided; date of making such loan; percentage of the security provided to paid up capital and free reserves; date of Board / general meeting approval; date of approval of financial institutions.
	Entries in the register should be made chronologically, but separately for  loans, investments, guarantee given and security provided, within 7 days of making such loan or investment or giving of such guarantee or the provision of such security.
Where to Kept	The register should be maintained at the registered office of the company.
Inspection	The register should be kept open for inspection during the business hours of the company, subject to such reasonable restrictions as the company may impose by its articles or in general meeting so that not less than 2 hours  in each working day of the company are allowed for inspection.                                                                                         Members can inspect the register without payment of any fee.
Authentication	Entries in the register should be authenticated by the secretary of the company or by any other person authorized by the Board for the purpose, by appending  his signature to each entry.
Preservation	The register should be preserved permanently and should be kept in the custody of the secretary of thecompany or any other person authorized by the Board for the purpose.

Statutory Books and Registers under Companies Act, 1956 -REGISTER OF ALLOTMENT

Section and Name	Section 69-75 REGISTER OF ALLOTMENT
Format	The register should contain the following particulars in respect of each class of  shares, each series of debentures and each class of any other securities: folio  number, name, address and occupation of the applicant; number of securities  applied for; date of application; application number; amount paid on application;  date and mode of payment; mode of allotment; date of allotment; allotment  number; number of shares taken up by the subscribers to the memorandum;  amount due on allotment; date and mode of payment; number of securities  allotted; and date and amount of refund, if any.
Where to Kept	The register should be maintained at the registered office of the company.
Inspection	The register should be kept open for inspection during the business hours  of the company, subject to such reasonable restrictions as the company  may impose by its articles or in general meeting so that not less than 2 hours  in each working day of the company are allowed for inspection.                                                                                           Members or debenture holders can inspect the register without payment   of any fee.
Authentication	Entries in the register should be authenticated by the secretary of the company  or by any other person authorized by the Board for the purpose, by appending  his signature to each entry.
Preservation	The register should be preserved permanently and should be kept in the  custody of the secretary of the company or any other person authorized by the  Board for the purpose.