SECTION 88 Companies Act

March 23, 2019 | Author: Kumar Mangalam | Category: Securities (Finance), Board Of Directors, Stocks, Common Law, Justice
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SECTION 88. REGISTER OF MEMBERS, ETC.

[ Effective  Effective from 1st April, April, 2014] 2014] (1) Every company shall keep and maintain the following registers in such form and in such manner as may be prescribed, namely:  (a) register of members indicating separately for each class of e!uity and preference shares held by each member residing in or outside "ndia# (b) register of debenture$holders# and (c) register of any other security holders% (&) Every register maintained under sub$section (1) shall include an inde' of the names included therein% () he register and inde' of beneficial owners maintained by a depository under section 11 of the *epositories +ct, 1- (&& of 1-), shall be deemed to be the corresponding register and inde' for the purposes of this +ct% (.) + company may, if so authorised by its articles, articles , keep in any country outside "ndia, in such manner as may be prescribed, a part of the register referred to in sub$section (1), called /foreign register0 containing the names and particulars of the members, debenture$holders, other security holders or beneficial owners residing outside "ndia% () "f a company does not maintain a register of members or debenture$holders or other security holders or fails to maintain them in accordance with the provisions of sub$section (1) or sub$section (&), the company and every officer of the company who is in default shall be  punishable with fine which shall not be less than fifty thousand rupees rupees but which may e'tend to three lakh rupees and where the failure is a continuing one, with a further fine which may e'tend to one thousand rupees for every day, after the first during which the failure continues% Applicable Rules Companies (Managemen an! A!minis"aion# Rules, $%&'

[ Effective  Effective from 1st April, April, 2014] 2014] Rule $. e)iniions%(1) "n these rules, unless the conte't otherwise re!uires, 

(a) /+ct0 means the 2ompanies +ct, &31 (14 of &31)# (b) /+nne'ure0 means the +nne'ure to these 5ules#

(c) /6ees0 means the fees as specified in the 2ompanies (5egistration offices and fees) 5ules, &31.# (d ) /6orm0 or an e$form means an form set forth in +nne'ure to these rules which shall be used for the matter to which it relates# (e) /5egional *irector0 means the person appointed by the 2entral 7overnment in the 8inistry of 2orporate +ffairs as a 5egional *irector# ( f ) /section0 means section of the +ct% (&) 9ords and e'pressions used in these rules but not defined and defined in the +ct or in 2ompanies (pecification of *efinitions *etails) 5ules, &31. shall have the meanings respectively assigned to them in the +ct and said rules% Rule *. Regise" o) membe"s%(1) Every company limited by shares shall, from the date of its registration, maintain a register of its members in Fo"m No. MGT.&+

;rovided that in the case of e'isting companies, registered under the 2ompanies +ct, 1-,  particulars shall be compiled within si' months from the date of commencement of these rules% (&) "n the case of a company not having share capital, the register of members shall contain the following particulars, in respect of each member, namely:  (a) name of the member# address (registered office address in case the member is a body corporate)# e$mail address# ;ermanent +ccount s?pouse>s name# @ccupation# tatus#
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