Section 95 of the Companies Act, 2013
Section 95 of the Companies Act, 2013 deals with the "Registers, etc., to be Evidence". Here is the content and explanation:
📜 Section 95 – Registers, etc., to be Evidence
The registers, their indices and copies of all documents maintained by the company under this Act, and all the entries made therein, and the documents filed with the Registrar, shall be prima facie evidence of the truth of all matters contained therein.
✅ Key Points:
Registers & Documents Covered:
Includes all statutory registers (e.g., register of members, register of charges).
Also includes indices, copies, and documents filed with the Registrar of Companies (ROC).
Prima Facie Evidence:
These documents are considered valid evidence in court unless proven otherwise.
The burden of proof lies on the person challenging the authenticity or accuracy.
Legal Importance:
Helps in legal proceedings related to company records.
Ensures transparency and authenticity in corporate governance.
🧾 Example:
If someone disputes the ownership of shares, the Register of Members maintained by the company under this Act can be produced in court, and it will be considered valid evidence unless contrary proof is given.
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