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Microlesson · 5-min read

Maintenance and Inspection of Documents in Electronic Form (Section 120, Rules 27–29)

# Maintenance & Inspection of Documents in Electronic Form

## Section 120 — Power to Keep Records Electronically

Any document, record, register or minute required to be kept by a company or allowed to be inspected or copied under the Act, may be kept, inspected or copied in electronic form in such manner as may be prescribed.

## Companies that May Maintain Records Electronically [Rule 27(1)]

  • Every listed company; or
  • A company having at least 1,000 shareholders, debenture-holders and other security holders (in aggregate).

Existing companies: Data may be converted from physical to electronic mode within 6 months from notification of Section 120.

## Conditions for Electronic Records [Rule 27(2)]

The records shall be maintained as the Board thinks fit, provided:

#Condition
(a)Same formats and other requirements as under the Act
(b)Adequate recording for future reference
(c)Records readable, retrievable and reproducible in printed form
(d)Capable of being dated and digitally signed wherever required
(e)Once dated and digitally signed — not editable / not alterable
(f)Updatable, with date of every update recorded

"Records" means any register, index, agreement, memorandum, minutes or any other document required to be kept by a company under the Act/rules.

## Responsibility for Maintenance & Security [Rule 28]

The Managing Director, Company Secretary, or any other director / officer as the Board may decide is responsible. They shall ensure:

1. Protection against unauthorized access, alteration, tampering;

2. Safeguard against loss due to media damage/failure;

3. Non-repudiation by signatory of signed electronic records;

4. Adequate security and validation of computer systems, software, hardware;

5. Computer systems can discern invalid and altered records;

6. Records are accurate, accessible and reproducible;

7. Records retrievable in readable and printable form;

8. Records in non-rewritable, non-erasable format (like PDF);

9. Backups at periodicity not exceeding one day, authenticated and dated, securely kept;

10. Access limited to MD, CS, director, officer or persons authorised by Board;

11. Any reproduction of non-electronic original is complete, authentic, true and legible;

12. Records arranged and indexed for easy location/access/retrieval;

13. Steps to ensure security, integrity and confidentiality.

## Inspection & Copies [Rule 29]

  • Records in electronic form shall be made available for inspection in electronic form.
  • Copies shall be provided on payment not exceeding ₹10 per page.

Worked example

### Example 1

Example 1 — Eligibility

P Ltd., an unlisted company with 1,250 equity shareholders, 600 debenture-holders and 200 preference shareholders (total 2,050 security holders), wishes to maintain its records electronically.

Answer: P Ltd. is eligible under Rule 27(1) since the aggregate security holders exceed 1,000, even though it is not listed.

Example 2 — Backup Frequency

Q Ltd., a listed company, takes a backup of its electronic records every 3 days.

Answer: Non-compliant. Rule 28(i) requires backup at periodicity not exceeding one day.

Example 3 — Charge for Copies

A member requests electronic copies of records spanning 50 pages.

Maximum charge: 50 × ₹10 = ₹500 (Rule 29).

⚠️ Common exam mistakes

  • Believing only listed companies can maintain electronic records — companies with 1,000+ security holders also qualify.
  • Forgetting that once digitally signed, records must not be editable — using editable formats like Word violates Rule 27(2)(e).
  • Skipping daily backups — Rule 28(i) mandates backup at periodicity not exceeding one day.
  • Charging more than ₹10 per page for copies of electronic records.
  • Confusing the responsible persons — only MD / CS / director / officer authorised by Board may have access (Rule 28(j)).
Bare-Act text Section 120 · Companies Act, 2013 (read with Rules 27, 28, 29 of Companies (Management and Administration) Rules, 2014) · click to expand
Without prejudice to any other provisions of this Act, any document, record, register, minutes, etc., — (a) required to be kept by a company; or (b) allowed to be inspected or copies to be given to any person by a company under this Act, may be kept or inspected or copies given, as the case may be, in such electronic form as may be prescribed.
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