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Suman Khurana (Company Secretary)     26 April 2010

Place of keeping Statutory registers

Hi

A co's registered office is situated in Delhi but its statutory rgisters are maintained in Noida. As per section 163, its not permissible. But many copanises follow this practice i.e. registered office in one state while statutory records in other state.

Please tell what can be done in this case?


Regards



Learning

 1 Replies

CA Adarsh Agrawal (CMD of SHAYVIDZ Group)     26 April 2010

Section 163 of Companies Act prescribes that the statutory books must be kept

  

1. at the registered office of the Company

2. at any other place within the city, town or village in which the registered office is situated,  by passing special resolution in the general meeting

 
However in above case the company has kept the books in the totally different state beyond the boundaries of the state, so company cannot keep such records at the place they have been kept.

the provisions of section have been violated.

  

But according to u, if the other companies are keeping at any other place, there may be two reasons behind this :-

 

1. Practically, they can made available these statutory registers at registered office as & when required. (without intimating to anyone that the registers have been kept at any other place).

 

2. There may be any case law, clarification/circular on this matter. (if I get any such information, then i'll revert u).

 

Regards


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