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Statutory Record

Statutory records and registers refer to the formal documentation and records that a company is required to maintain under the statutory or legal requirements of the jurisdiction in which it operates.

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What is statutory record & register?

Statutory records and registers refer to the formal documentation and records that a company is required to maintain under the statutory or legal requirements of the jurisdiction in which it operates. These records serve as a crucial part of corporate governance and compliance, providing a comprehensive overview of the company’s structure, operations, and ownership. You can choose My All Business Consultant as top statuary record & register consultant.

Who need statutory record & register?

  • Businesses: Companies, partnerships, and other business entities are often required by law to maintain various statutory records and registers, such as: Share register, Register of directors and officers, Register of members, Register of charges, Minute books.
  • Non-profit organizations: Similar to businesses, non-profits may need to maintain records of members, directors, meetings, and financial transactions to comply with legal requirements and ensure transparency.
  • Government agencies: Various government departments and agencies may be required to maintain statutory records and registers to document activities, transactions, and decisions made in the course of their duties.
  • Legal entities: Legal entities such as trusts, associations, and clubs may also be required to keep statutory records and registers to comply with relevant laws and regulations.
  • Employers: Employers may need to maintain statutory records related to employment, such as payroll records, employee contracts, and records of hours worked.

What are the types of statutory record & register?

  • Register of Members: Contains details of the company’s shareholders, including names, addresses, and shareholding.
  • Minutes of Meetings: Records discussions and decisions made during board meetings and shareholder meetings.
  • Register of Directors and Officers: Lists information about the company’s directors and officers, including appointment dates.
  • Register of Charges: Documents charges or mortgages on company assets, including details of creditors.
  • Register of Debenture Holders: If applicable, records details of debenture holders, including their names and addresses.
  • Register of Contracts: Contains information about contracts entered into by the company.
  • Register of Share Transfers: Tracks the transfer of shares between shareholders.
  • Register of Investments: Details the company’s investments, including the nature and value of investments made.
  • Register of Related Party Transactions: Documents transactions between the company and related parties, such as directors.
  • Register of Allotments: Records the allotment of shares, specifying details of allottees and share class.

What are the Documents Required For statutory record & register?

  • Register of Members
  • Minutes of Meetings
  • Register of Directors and Officers
  • Register of Charges
  • Register of Debenture Holders
  • Register of Contracts
  • Register of Share Transfers
  • Register of Investments
  • Register of Related Party Transactions
  • Register of Allotments

What are the Benefits Of Statutory Record & Register?

  • Legal Compliance
  • Transparency
  • Corporate Governance
  • Due Diligence
  • Financial Accountability
  • Shareholder Confidence
  • Audit Support
  • Risk Management
  • Legal Reference
  • Facilitates Decision-Making
  • Employee Confidence
  • Facilitates Succession Planning
  • Lender Confidence
  • Regulatory Compliance
  • Documentation of Company History

What is the Stepwise Process Of Statutory Record & Register?

  1. Understand Legal Requirements: Familiarize yourself with the legal and regulatory requirements pertaining to statutory records and registers in the jurisdiction where the company operates.
  2. Identify Applicable Records: Determine the specific statutory records and registers applicable to the company based on its structure, activities, and legal obligations.
  3. Create a Record-Keeping System: Establish a systematic and organized record-keeping system to store and manage statutory records. This may include both physical and electronic storage, with proper backup measures in place.
  4. Appoint a Responsible Person: Designate a responsible person or a team, such as a company secretary, to oversee the maintenance of statutory records and registers. This individual should be knowledgeable about legal requirements and diligent in record-keeping.
  5. Gather Existing Records: Collect any existing statutory records and registers. Ensure that these records are accurate, up-to-date, and comply with legal standards.
  6. Create New Records: Prepare new statutory records and registers as needed, especially if the company undergoes changes in ownership, directorship, or other relevant areas. Follow legal formats and guidelines.
  7. Record Entries Promptly: Record entries in statutory registers promptly after key events or decisions, such as changes in share ownership, director appointments, or board meeting resolutions.
  8. Regularly Update Records: Keep statutory records and registers up to date by regularly updating information. This includes reflecting changes in shareholders, directors, and other relevant details.
  9. Ensure Accuracy and Compliance: Verify the accuracy of information in the records and registers to ensure compliance with legal and regulatory standards. Regularly audit the records to identify and rectify any discrepancies.
  10. Secure Storage: Safeguard physical records in a secure location, such as the company’s registered office. Implement robust cybersecurity measures for electronic records, including access controls and encryption.
  11. Facilitate Inspections: Be prepared for inspections by regulatory authorities, auditors, or other stakeholders. Ensure that statutory records are readily accessible and well-organized.
  12. Training and Awareness: Train relevant personnel, including company secretaries and record-keeping staff, on the importance of maintaining statutory records. Keep them informed about legal updates and changes.
  13. Seek Professional Guidance: Consult legal professionals or compliance experts to ensure that the company’s record-keeping practices align with current legal standards. Stay informed about any changes in regulations.
  14. Document Retention Policy: Establish a document retention policy outlining the duration for which records need to be retained. Dispose of obsolete records in accordance with legal requirements.

Frequently Asked Questions

Statutory records and registers are formal documents that companies are legally required to maintain, providing a comprehensive record of various aspects of their operations, including ownership, governance, and financial transactions.
The responsibility for maintaining statutory records and registers often falls on the company secretary or another designated individual within the company. This person ensures that the records are accurate, up-to-date, and compliant with legal standards.
Common types include the Register of Members, Minutes of Meetings, Register of Directors and Officers, Register of Charges, Register of Debenture Holders, Register of Contracts, and Register of Share Transfers.
Shareholders, directors, regulatory authorities, auditors, legal professionals, and other stakeholders have the right to access specific statutory records and registers. Access is often granted during inspections or upon request.
Yes, statutory records can be stored electronically, provided that the electronic storage methods comply with legal standards and ensure the security and integrity of the records.
Top CAs possess extensive expertise and experience in accounting, taxation, and legal compliance, ensuring that your records meet all regulatory requirements accurately.
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