88. Register of members, etc.—(1) Every company shall keep and maintain the following registers
in such form and in such manner as may be prescribed, namely:—
(a) register of members indicating separately for each class of equity and preference shares held
by each member residing in or outside India;
(b) register of debenture-holders; and
(c) register of any other security holders.
(2) Every register maintained under sub-section (1) shall include an index of the names included
therein.
(3) The register and index of beneficial owners maintained by a depository under section 11 of the
Depositories Act, 1996 (22 of 1996), shall be deemed to be the corresponding register and index for the
purposes of this Act.
(4) A company may, if so authorised by its articles, keep in any country outside India, in such manner
as may be prescribed, a part of the register referred to in sub-section (1), called ―foreign register‖
containing the names and particulars of the members, debenture-holders, other security holders or
beneficial owners residing outside India.
(5) If a company does not maintain a register of members or debenture-holders or other security
holders or fails to maintain them in accordance with the provisions of sub-section (1) or sub-section (2),
the company and every officer of the company who is in default shall be punishable with fine which shall
not be less than fifty thousand rupees but which may extend to three lakh rupees and where the failure is a
continuing one, with a further fine which may extend to one thousand rupees for every day, after the first
during which the failure continues.
