Monday, May 27, 2013

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. 

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