Fine Industry Ltd. is registered under the Companies Act, 2013 having registered office at New Delhi. Company is engaged in manufacturing of various household products. Main manufacturing unit of the company is located i

CS Executive · Company Law · PYQS · December 2023
Fine Industry Ltd. is registered under the Companies Act, 2013 having registered office at New Delhi. Company is engaged in manufacturing of various household products. Main manufacturing unit of the company is located in Singrauli District of Madhya Pradesh. The Board of Directors (BOD) has decided to keep books of account of the company at its Singrauli manufacturing unit. The Company Secretary of the company objected and states that the books of account of the company can be kept at its registered office only. Referring to the provisions of the Companies Act, 2023, examine, whether the objection of the Company Secretary is valid ?

Answer & Explanation:

Section 128(1) of the Companies Act, 2013 read with rule 2A of the Companies (Accounts) Rules, 2014, requires every company to prepare and keep the books of accounts and other relevant books and papers and financial statements at its registered office. However, all or any of the books of accounts may be kept at such other place in India as the Board of Directors may decide. When the Board so decides, the company is required within seven days of such decision to file with the Registrar of Companies (ROC) a notice in writing giving full address of that other place. Such intimation is to be made in form AOC-5 to the Registrar of Companies. Thus, in the given case the objection of the Company Secretary is not in accordance with the above provisions of the Companies Act, 2013 and hence not valid. Fine Industry Ltd., can keep its books of accounts at its Singrauli manufacturing unit by following the mentioned process.

Topics: Accounts of Companies

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