Companies Act, 2013
Chapter
VII
Management
and Administration
88.
Register
of members, etc.
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 equity and preference shares
held by each member residing in or outside India;
b.
register
of debenture-holders; and
c.
register
of any other security holders.
1.
2. Every register
maintained under sub-section (1 ) shall include an index of the names
included therein.
3. The register and
index of beneficial owners maintained by a depository under section 11 of the
Depositories Act, 1996, shall be deemed to be the corresponding register and
index for the purposes of this Act.
4. A company may, if so
authorised by its articles, keep in any country outside India, in such manner
as may be prescribed, a part of the register referred to in sub-section (1 ),
called “foreign register” containing the names and particulars of the members,
debentureholders, other security holders or beneficial owners residing outside
India.
5. If 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 (2 ), 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 but which may extend to three lakh rupees and where the failure
is a continuing one, with a further fine which may extend to one thousand
rupees for every day, after the first during which the failure continues.