Virat, a person of 21 years of age is pursuing MBA (Finance) course at a reputed recognised business school. He is not a shareholder of Grow (Pvt.) Ltd. He wishes to inspect the register of investments in securities not

CS Executive · Company Law · PYQS · June 2016
Virat, a person of 21 years of age is pursuing MBA (Finance) course at a reputed recognised business school. He is not a shareholder of Grow (Pvt.) Ltd. He wishes to inspect the register of investments in securities not held in company's name and annual return of Grow (Pvt.) Ltd. He also wants to take copies thereof. Examining the relevant provisions of the Companies Act, 2013, advise Virat whether he would be successful in this regard.

Answer & Explanation:

Advice to Virat Regarding Inspection of Documents To advise Virat on his ability to inspect and take copies of the specified documents, we need to refer to the relevant provisions of the Companies Act, 2013. 1. Inspection of Register of Investments in Securities Not Held in Company's Name: Section 187 of the Companies Act, 2013, read with Rule 14 of Companies (Meetings of Board and its Powers) Rules, 2014: This section requires every company to maintain a Register of Investments in securities not held in the company's name in Form MBP-3. Sub-section (3) of Section 187: This sub-section provides that such a register shall be open to inspection by any member or debenture-holder of the company without any charge during business hours, subject to such reasonable restrictions as the company may by its articles or in general meeting impose. Application to Virat: Virat is explicitly stated as not a shareholder of Grow (Pvt.) Ltd. He is also not a debenture-holder. Conclusion: Therefore, Virat is not eligible to inspect the Register of Investments in securities not held in the company's name. 2. Inspection of Annual Return: Section 94 of the Companies Act, 2013: This section deals with the place of keeping and inspection of registers and returns. Sub-section (1) of Section 94: It states that copies of the annual return filed under Section 92 shall be kept at the registered office of the company. Sub-section (2) of Section 94: It provides that copies of all returns shall be open for inspection by any member, debenture-holder, other security holder, or beneficial owner during business hours without payment of fees. Furthermore, any other person can inspect these documents on payment of such fees as may be prescribed under the Companies (Registration Offices and Fees) Rules, 2014. Taking Copies: The section also allows for taking copies of such returns on payment of prescribed fees. Application to Virat: Since Virat is 'any other person' (not a member, debenture-holder, etc.), he can inspect and take copies of the annual return upon payment of the prescribed fees. Conclusion: Therefore, Virat would be successful in inspecting and taking copies of the Annual Return of Grow (Pvt.) Ltd. Overall Advice to Virat: Virat would be successful in inspecting and taking copies of the Annual Return of Grow (Pvt.) Ltd. upon payment of prescribed fees. However, he would not be successful in inspecting the Register of Investments in securities not held in the company's name, as he is neither a member nor a debenture-holder of the company.

Topics: Registers & Returns

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