Skip to content

CS Professional · Compliance Management, Audit and Due Diligence · Documentation and Maintenance of Records

Sagar Pharma Ltd wants to retain evidential value for its electronic records filed with the Registrar. The Company Secretary refers to the law governing electronic records. Under the Companies Act, 2013, which position is correct?

The Information Technology Act, 2000 provisions on electronic records, including manner and format of filing, apply to the specified electronic records under the Companies Act, 2013, but only so far as they are not inconsistent with that Act. So it neither overrides nor is excluded.

  1. AThe Information Technology Act, 2000 provisions on electronic records, including manner and format of filing, apply to specified electronic records so far as they are not inconsistent with the Companies ActCorrect
  2. BThe Information Technology Act, 2000 is wholly excluded for company records
  3. CThe Information Technology Act, 2000 overrides the Companies Act even where they are inconsistent
  4. DThe Information Technology Act, 2000 applies only to records kept outside India

Explanation

Section 402 applies the IT Act, 2000 provisions relating to electronic records, including manner and format of filing, to the records in electronic form specified under section 398, to the extent they are not inconsistent with the Companies Act. Hence the IT Act is neither excluded nor overriding.

Did you get it right without looking?

One question tells you little. A timed set on Documentation and Maintenance of Records shows your real accuracy, how long you take and where you lose marks.

Practise Documentation and Maintenance of RecordsFree diagnostic mock

More Documentation and Maintenance of Records questions