• Certified copy of records

1.	XYZ  Ltd. , an unlisted closely held Limited Company incorporated in 1979.
2.	I am one of it’s shareholder.
3.	I need certified copy of annual returns since the time company was incorporated along with copies all statutory records. (Viz.. Share transfers, Charges registered, board meetings, Minutes of the meetings, etc.. )
4.	Is it possible to obtain it from ROC??
5.	If Annual return's of few year(s) are not available with ROC (as the matter is very old), can ROC help me to obtain the same from the company.
6.	If any other remedy/procedure available through which I may get the same.
Asked 1 month ago in Business Law from Kolkata, West Bengal
1) every company is required file its annual return with ROC 

2)obtain it from ROC

3)  basic purpose behind filing of Annual Returns with the Registrar is to provide Annual information about the Company to the Registrar of Companies and the members about the Company’s Registered office, its principal business activities, particular of its holding, subsidiary and associate companies, Capital Structure, Indebtedness, Members and Debenture-holders-Past and present, Directors-Past and present, its promoters and key managerial personnel, meetings of members, Board and its various committees held during the financial year along with attendance details, details of penalties, or punishment imposed on the company, its directors and officers and matters relating to compliances and disclosure, etc.

4) The copies of Annual Return are required to be be kept at the Registered Office of the company or with the approval of members by way of a Special Resolution, these can be kept at any place in India, where more than 1/10 th of the total members reside, provided the copy of such resolution is given to the Registrar in advance.





Ajay Sethi
Advocate, Mumbai
23079 Answers
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 1. You shall have to write to the ROC for obtaining the said documents/statements.

2. If ROC has not preserved those documents, then they may write to the Company for sending the old records if they deem fit.

3. ROC may refuse to collect the old documents from the said company which ROC has not preserved.

4. You can write to the Company itself and if the Company refuse to provide you the said documents/statements for reasons best known to them and you, you can file a suit before the CLB for relief accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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You can not obtain such old records. I do not think ROC keeps record beyond 10 -12 years as far as my experience is concerned.
If you require these for any legal dispute then feel fee to contact as there is other remedy or recourse to get information which you are seeking.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
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1. These documents can surely be obtained from ROC. 

2. To obtain the documents from the company you can write to the company, and if it does not provide you the documents sought then a suit for mandatory injunction may be filed against it. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
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The records what you seek now is as old as 38 years, if the ROC is not having the records, it would show its empty hands and it is not obliged to direct you to approach the company or direct the company to produce the copies to you. 
You can issue notice to the company to produce the same and if the company fails to produce you may aproach legally to this issue on all such further matters.
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
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