MCA has vide notification dt. 05.08.2022 made amendment in relation to maintaining of books of accounts of the company. Relevant extract of the notification are as under:
“In exercise of the powers conferred under sub-sections (1) and (3) of section 128, sub-section (3) of section 129, section 133, section 134, sub-section (4) of section 135, sub-section (1) of section 136, section 137 and section 138 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Accounts) Rules, 2014, namely:-
1. Short title and commencement.- (1) These rules may be called the Companies (Accounts) Fourth Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Accounts) Rules, 2014, in rule 3,-
(i) in sub-rule (1), for the words “accessible in India”, the words “accessible in India, at all times,” shall be substituted;
(ii) in sub-rule (5), in the proviso, for the words “periodic basis”, the words “daily basis” shall be substituted;
(iii) in sub-rule (6), after clause (d), the following clause shall be inserted, namely:- “(e) where the service provider is located outside India, the name and address of the person in control of the books of account and other books and papers in India.””
Important takeaway from above amendment are as under:
1. The relevant books of accounts and records in electronic format needs to be accessible in India at all time.
2. The back-up of books of accounts and other documents needs to be taken on a daily basis.
3. If the service provider for maintaining books of accounts is outside India then name and address of person in control of books of accounts.
To read the notification CLICK ME.
MCA has inserted new rule 25B vide notification Dt. 18.08.2022, wherein physical verification of the registered officer of the company will be conducted:
Physical verification of the Registered Office of the company.-
(1) The Registrar, based upon the information or documents made available on MCA 21, shall visit at the address of the registered office of the company and may cause the physical verification of the said registered office for the purposes of sub-section (9) of section 12, in presence of two independent witness of the locality in which the said registered office is situated and may also seek assistance of the local Police for such verification, if required.
(2) The Registrar shall carry the documents as filed on MCA 21 in support of the address of the registered office of the company for the purposes of physical verification and to check the authenticity of the same by cross verification with the copies of supporting documents of such address collected during the said physical verification, duly authenticated from the occupant of the property whereat the said registered office is situated.
(3) The Registrar shall take a photograph of the registered office of the company while causing physical verification of the same.
(4) The report of the physical verification shall be prepared in the following format namely:- Report on Physical Verification of the Registered Office of the Company:
1. Name and CIN of the company:-
2. Latest address of the registered office of the company as per MCA 21 record:-
3. Date of authorisation letter issued by the Registrar of Companies:-
4. Name of the Registrar of Companies:-
5. Date and Time of visit for physical verification of the registered office:-
6. Location details along with Landmark:-
7. Details of the person available, if any at the time of the visit-
(i) Name:-
(ii) Father’s Name:-
(iii) Residential address:-
(iv) Relationship with the company, if applicable:-
8. Remarks if any:-
9. Documents attached:-
(i) Copy of the agreement/ownership/rent agreement/No Objection Certificate of the registered office of the company from owner/tenant/lessor:-
(ii) Photograph of the registered office:-
(iii) Self Attested ID-Card of the person available, if any:-
(iv) Any other document(s):-
To read the notification CLICK ME.
