Sample Board Resolution for Filing Form AOC-5 – As per Provisions of the Companies Act 203 & Rules Made thereunder
Overview : A board resolution is mandatory to authorise filing Form AOC-5 when a company maintains its books of accounts at a location different from its registered office. This resolution formally approves notifying the Registrar of Companies about the alternative address where books are kept. The board of directors of the company must pass this resolution in a duly convened board meeting before filing Form AOC-5 on the MCA portal.
Sample Board Resolution
Relevant Legal Provision:
Section 128(1) of the Companies Act 2013 mandates that every company maintain proper books of accounts at its registered office. However, if books of accounts are maintained/kept at any other location/address within India, with the approval of the Board of Directors, the company must notify the ROC about this change within seven days. The notification process ensures transparency and enables regulatory authorities to access company records when required for compliance verification or statutory audits.
Rule 2A of the Companies (Accounts) Rules, 2014 prescribes the specific procedure for notifying ROC through Form AOC-5. This notification must be supported by a valid board resolution authorising the change and approving the new location. The resolution serves as evidence of the board’s decision and provides legal background for maintaining the books of accounts at an address other than the registered office address.
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