Wealth Ltd. is a listed company having 1,200 shareholders and debenture holders. The company has traditionally maintained its statutory registers and records in physical form at its registered office. In April 2025, the
CS Professional · Compliance Management, Audit and Due Diligence · PYQS · June 2026
Wealth Ltd. is a listed company having 1,200 shareholders and debenture holders. The company has traditionally maintained its statutory registers and records in physical form at its registered office. In April 2025, the Board of Directors of Wealth Ltd. proposed to shift the maintenance of all statutory registers, records and documents to electronic form in order to improve efficiency and ensure easier retrieval of information. However, one of the directors raised a concern that the Companies Act, 2013 requires certain records to be maintained physically and therefore questioned whether the company could legally maintain such records in electronic form. The Company Secretary of Wealth Ltd. referred to Section 120 of the Companies Act, 2013 read with Rule 27 of the Companies (Management and Administration) Rules, 2014, which permits maintenance of records in electronic form subject to certain conditions. Stating the provision, specify whether Wealth Ltd. can maintain its statutory records in electronic form. Elucidate the manner in which a company can maintain its records in electronic form in accordance with Rule 27.
Answer & Explanation:
According to Section 120 of the Companies Act, 2013 ("the Act") read with Rule 27 of the Companies (Management and Administration) Rules, 2014, every listed company or a company having not less than 1,000 shareholders, debenture holders or other security holders may maintain its records, as required to be maintained under the Act or rules made there under, in electronic form. Further, explanation to said rule states that the term "records" means any register, index, agreement, memorandum, minutes or any other document required by the Act or the Rules made thereunder to be kept by a company. Since, the Wealth Ltd. is a listed company having 1,200 shareholders and debenture holders, it can maintain statutory records in electronic form. Rule 27 provides that the records in electronic form shall be maintained in such manner as the Board of directors of the company may think fit, subject to the following: the records are maintained in the same formats and in accordance with all other requirements as provided in the Act or the rules made there under; the information as required under the provisions of the Act or the rules made there under should be adequately recorded for future reference; the records must be capable of being readable, retrievable and reproducible in printed form; the records are capable of being dated and signed digitally wherever it is required under the provisions of the Act or the rules made there under; the records, once dated and signed digitally, shall not be capable of being edited or altered; the records shall be capable of being updated, according to the provisions of the Act or the rules made there under, and the date of updating shall be capable of being recorded on every updating.
Topics: Companies Act, 2013
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