Companies Act, 2013
Chapter
IX
Accounts
of Companies
128.
Books
of account, etc., to be kept by company.
1. Every company shall
prepare and keep at its registered office books of account and other relevant
books and papers and financial statement for every financial year which give a
true and fair view of the state of the affairs of the company, including that
of its branch office or offices, if any, and explain the transactions effected
both at the registered office and its branches and such books shall be kept on
accrual basis and according to the double entry system of accounting:
Provided
that all or any of the books of account aforesaid and other relevant papers may
be kept at such other place in India as the Board of Directors may decide and
where such a decision is taken, the company shall, within seven days thereof,
file with the Registrar a notice in writing giving the full address of that
other place:
Provided
further that the company may keep such books of account or other relevant
papers in electronic mode in such manner as may be prescribed.
1.
2. Where a company has a
branch office in India or outside India, it shall be deemed to have complied
with the provisions of sub-section (1 ), if proper books of account
relating to the transactions effected at the branch office are kept at that
office and proper summarized returns periodically are sent by the branch office
to the company at its registered office or the other place referred to in
sub-section (1 ).
3. The books of account
and other books and papers maintained by the company within India shall be open
for inspection at the registered office of the company or at such other place
in India by any director during business hours, and in the case of financial
information, if any, maintained outside the country, copies of such financial
information shall be maintained and produced for inspection by any director
subject to such conditions as may be prescribed:
Provided
that the inspection in respect of any subsidiary of the company shall be done
only by the person authorised in this behalf by a resolution of the Board of
Directors.
1.
2.
3.
4. Where an inspection
is made under sub-section (3 ), the officers and other employees of the
company shall give to the person making such inspection all assistance in
connection with the inspection which the company may reasonably be expected to
give.
5. The books of account
of every company relating to a period of not less than eight financial years
immediately preceding a financial year, or where the company had been in
existence for a period less than eight years, in respect of all the preceding
years together with the vouchers relevant to any entry in such books of account
shall be kept in good order:
Provided
that where an investigation has been ordered in respect of the company under
Chapter XIV, the Central Government may direct that the books of account may be
kept for such longer period as it may deem fit.
1.
2.
3.
4.
5.
6. If the managing
director, the whole-time director in charge of finance, the Chief Financial
Officer or any other person of a company charged by the Board with the duty of
complying with the provisions of this section, contravenes such provisions,
such managing director, whole-time director in charge of finance, Chief
Financial officer or such other person of the company shall be punishable with
imprisonment for a term which may extend to one year or with fine which shall
not be less than fifty thousand rupees but which may extend to five lakh rupees
or with both.