Section 88 of the Companies Act, 2013

Section 88 of the Companies Act, 2013 deals with the maintenance of registers by companies.

Section 88 – Register of Members, Debenture-holders, and Other Security Holders

Every company is required to maintain proper records of its ownership structure.

🔹 1. Registers to be Maintained:

A company shall keep and maintain the following registers:

(a) Register of Members:

For company with share capital: Register shall contain details of equity and preference shareholders.

For company without share capital: Register shall show names and addresses of all members and details of membership.

(b) Register of Debenture-Holders:

Contains the details of all debenture-holders of the company.

(c) Register of Other Security Holders (if any):

Includes information on holders of other securities like bonds or convertible instruments.

🔹 2. Contents of Registers:

Registers must include:

Name, address, PAN or any other ID

Details of shares/securities held

Date of becoming a member/holder

Date of cessation (if applicable)

Email ID (if provided)

🔹 3. Location of Registers:

These registers must be maintained at the registered office of the company.

Can be maintained electronically as well, subject to prescribed rules.

🔹 4. Inspection and Access:

Members, debenture-holders, and other security holders have the right to inspect these registers during business hours.

Extracts can be requested and must be provided within a prescribed time and fee.

📌 Rule-Making Power:

The Central Government can prescribe the form and manner of maintaining these registers under the Companies (Management and Administration) Rules.

🎯 Objective of Section 88:

To ensure transparency, traceability, and accountability in the company’s ownership and security structure.

 

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