Section 94 of the Companies Act, 2013
Section 94 of the Companies Act, 2013 deals with the place of keeping and inspection of registers, returns, etc.
Here is a summary of Section 94:
Section 94 – Place of keeping and inspection of registers, returns, etc.
Maintenance at Registered Office:
The registers (like register of members, debenture-holders, other security holders) and copies of returns filed with the Registrar must be kept at the registered office of the company.
These should be available for inspection by members during business hours.
Shifting to another place:
If the company wants to keep such registers or returns at any other place (other than the registered office):
A special resolution must be passed at a general meeting.
The new location must be within the same city, town, or village.
If outside the registered office’s city/town/village, prior approval of the Registrar of Companies (RoC) is required.
Inspection Rights:
Members, debenture-holders, and other security holders have a right to inspect these documents free of cost during business hours.
The company must allow inspection at least two hours each working day.
Copies on Request:
Copies of such registers or entries must be provided to members or other eligible persons on request within 7 days, upon payment of prescribed fees.
Penalties for Non-Compliance:
If a company refuses inspection or fails to provide copies:
It shall be liable to a penalty of ₹1,000 for each day of default.
The maximum penalty may go up to ₹1,00,000.
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