Monday, May 27, 2013

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

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