The Ministry of Corporate Affairs ("MCA"), by way of a Notification dated August 5, 2022, has amended the Companies (Accounts) Rules, 2014, making certain changes in respect of the manner of keeping books of accounts and other relevant books and papers in electronic mode. This amendment requires that: (a) the books of accounts and other relevant books and papers maintained in electronic mode must now be required to be accessible in India at all times. The earlier provision simply required these documents to be accessible in India; (b) a back-up of the books of accounts and other books and papers of a company maintained in electronic mode including at a place outside India, if any, must be kept in servers physically located in India on a daily basis, (instead of only a periodic basis); and (c) where the service provider providing services, for keeping such documents in electronic mode, is located outside India, the company must intimate the Registrar on an annual basis, at the time of filing of the financial statements, about the name and address of the person in India who is in control of the books of accounts and other books and papers, which is a new requirement.
Originally published 30 September, 2022
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.