Risk: Non-compliance with Section 170(1) clause (b)
Correct procedure: Record the number, description and nominal value of securities held by the director, their spouse, or minor children.
Risk: Statutory registers become non-compliant with immediate effect upon appointment date
Correct procedure: Enter the appointee particulars in the register immediately upon passing the board resolution and obtaining DIN details.
Under Section 170(1) of the Companies Act, 2013, the register must be kept at the registered office of the company and remain open for inspection by members during business hours without fee.
Under Rule 17 of the Companies (Appointment and Qualification of Directors) Rules, 2014, the register must contain: DIN, present name, former name, father/spouse name, date of birth, residential address, nationality, occupation, date of appointment, date of cessation (if applicable), and details of securities held in the company or its holding/subsidiary/associate companies.
Under Section 172 of the Act, the company and every officer who is in default is liable to a penalty of ₹50,000, and in case of continuing failure, a further penalty of ₹500 for each day during which such failure continues, up to ₹3,00,000 for the company and ₹1,00,000 for an officer.