1. Books of Accounts
Books of Accounts includes records maintained in respect of:
- Amount or revenue received and expenditure and issues related to acquisitions and expenditure
- Sale and purchase of goods and services
- Assets and liabilities
- Item cost as prescribed s / s 148 [2 (12)].
2. Place for Maintaining Book of Accounts of Company
The book of accounts must be kept in the company's registered office. However, after giving information to the Registrar of Companies, the Board of Directors may decide to keep or keep the book of accounts at any other place that is relevant to the business.
3. Maintaining Book of Accounts of Company – Online
The company can store its account books online or electronically under the following conditions:
- Electronic records should be accessible in India.
- Information must maintain the format in which it is produced and must remain complete and unchanged
- Information provided by the branch should not be changed
- Electronic records should be able to be readable
- A backup copy will be stored on a server located in India
- The company must contact the ROC annually with relevant information related to the service provider.
4. Maintaining Records of Branch Office
In the event that a company has more than one office, a large company account should be kept in a registered office. In addition, performance records at its branch office should be kept in the branch office itself. A standard summary report should be submitted to the registered office and should be kept open for inspection by directors.
5. Inspection of Book of Accounts
The Board of Directors of a company has the right to inspect the book of accounts and other books and documents of the company. However, when checking the
records of a subsidiary company, only a person authorized by the Board of Directors may be appointed.
6. Time Limit for Maintaining Book of Accounts
Company account books must be kept and maintained for at least 8 years prior to the financial year. The following people in the company will be responsible for keeping a book of accounts: <
- Executive Director
- Full-time Director, Finance Manager
- Chief Financial Officer
- Any other person charged with the Board of Directors
Frequently Asked Questions
Can a company keep the books and registers at a place other than registered office of the company?
Yes, As per Section 128 (1), the documents may be kept elsewhere in India as the Board of Directors may decide on the adoption of a resolution at a duly held Company Board.
Is it mandatory to intimate the concerned ROC for keeping the books at a place other than Registered Office of the company?
Yes, the company needs to approach the ROC within 7 days of the decision on the completion and upload of E-Form AOC 5.
Can a company keep the books at a place outside India , if the registered office situates in India?
The terms of Article 128 (1) of the Code state that “as long as all or all of the above account books and other relevant documents can be kept in that part of India”, therefore, in my view, the company cannot keep records. outside of India.
Where shall the Books of accounts of branch office be kept?
Letters of account and other related documents or registers of the branch office will be kept at the branch office only if the appropriate summaries are sent from time to time to the registered office of the company or to a board designated in terms of section 128. (1)
Is it necessary to carry all the books at a new place or a part of books may also be carried?
The principle of Article 128 states that “As long as All or any of the above Account” is mentioned. Therefore, in my opinion, the company can only carry part of the standard books elsewhere outside the company's registered office and may leave the old or less needed books on a daily basis, the company's registered office. Provided that a relevant decision has been made indicating the types of registrants and documents to be kept in place outside the company's registered office.