The registered office of RMC Ltd. is situated at Mumbai. There are 70 shareholders in the company. Out of them, 10 shareholders residing at Noida have requested to keep the statutory records and registers at the branch o

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
The registered office of RMC Ltd. is situated at Mumbai. There are 70 shareholders in the company. Out of them, 10 shareholders residing at Noida have requested to keep the statutory records and registers at the branch office of the company at Noida. Examine the validity of request of shareholders under the Companies Act, 2013.

Answer & Explanation:

Section 94 of the Companies Act, 2013 prescribed that the registers required to be kept and maintained by a company under section 88 and copies of the annual return filed under section 92 shall be kept at the registered office of the Company. Such registers may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company. In the given case, the RMC Ltd. is having 70 shareholders and 10 shareholders residing at Noida which is as more than one-tenth of the total number of members (one-tenth of 70 i.e. 7). Therefore, the records and registers may be kept at Noida provided special resolution passed at a general meeting of the company for this purpose.

Topics: Company Law

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