Statutory Registers Under Companies Act 2013 — Maintenance and Compliance

The Companies Act 2013 requires every company to maintain a comprehensive set of statutory registers at its registered office. These registers are permanent records that document the company's ownership, governance, financial commitments and compliance history. Failure to maintain them attracts penalties under the Act. Here is the complete guide for company directors and compliance officers.

Key Statutory Registers Under Companies Act 2013

• Register of Members (Section 88): Details of all shareholders — name, address, number of shares held, date of becoming/ceasing to be a member. Must be maintained in MGT-1 format for equity shares and MGT-2 for debentures.
• Register of Directors and KMP (Section 170): Details of all directors and Key Managerial Personnel — name, DIN, address, date of appointment/cessation, other directorship/committee memberships.
• Register of Charges (Section 85): All charges created on company assets — particulars of each charge, chargeholder details, property charged, amount secured. Maintained in CHG-7.
• Register of Debenture Holders (Section 88): For companies that have issued debentures — details similar to Register of Members.
• Register of Contracts in which Directors are Interested (Section 189): All contracts/arrangements where directors have a direct or indirect interest — maintained in MBP-4.
• Register of Investments not held in Company's Name (Section 187): Investments made by the company not held in its own name.
• Register of Loans, Guarantees, Securities and Acquisitions (Section 186): All loans given, guarantees provided, securities created and acquisitions made under Section 186 — in Form MBP-2.
• Register of KMP and Senior Management (Section 170): Declarations of beneficial interest and related details.

Where Registers Must Be Kept

All statutory registers must be kept at the Registered Office of the company. With ROC approval, they can be kept at another place (subject to the place being within the same city/town as the registered office). Registers maintained at another place must be notified to ROC in Form MGT-3.

Inspection Rights

Under Section 94, members of the company have the right to inspect the statutory registers and take copies — free of charge for members, and at a fee for others. The company must provide inspection during business hours (minimum 2 hours per day). Refusal to allow inspection is punishable with fine.

Digitisation — MCA-21 and CERSAI

While registers must be physically maintained, many of the same details are also reflected in MCA-21 (ROC filings for members, directors, charges). Charges must be registered separately with ROC (CERSAI for certain charges) within 30 days of creation.

Conclusion

Statutory registers are the permanent compliance records of a company — they must be accurate, up-to-date and available for inspection at all times. SPOTON's CS team maintains statutory registers and manages all MCA secretarial compliance for companies in Kerala. Contact us for expert company secretarial services.