Triveni Pvt. Ltd. incorporated on 1st August, 2018 having its registered office at Shahdara, New Delhi. Management of the Company kept some of the statutory records in the other branch of the Company in Janakpuri, New De
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
Triveni Pvt. Ltd. incorporated on 1st August, 2018 having its registered office at Shahdara, New Delhi. Management of the Company kept some of the statutory records in the other branch of the Company in Janakpuri, New Delhi. Explain whether Company is eligible to keep its statutory records at place other than its registered office under the Companies Act, 2013?
Answer & Explanation:
Section 128 of Companies Act, 2013 mentions that every company shall prepare and keep at its registered office books of account and other relevant books and papers and financial statement for every financial year which give a true and fair view of the state of the affairs of the company, including that of its branch office or offices, if any, and explain the transactions effected both at the registered office and its branches and such books shall be kept on accrual basis and according to the double entry system of accounting. Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place. Further, as per Section 94 of the Companies Act, 2013, 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. Provided that such registers or copies of return 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. Hence, in this case Triveni Pvt. Ltd., after complying with the above mentioned provisions of the Companies Act, 2013, is eligible to keep its statutory records in their branch at Janakpuri, New Delhi.
Topics: Company Law
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