Section 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[(5) If a company does not maintain a register of members o r 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

1. Subs. by Act 29 of 2020, s. 16, for sub-section (1) (w.e.f. 21-12-2020).
2. Section 86 numbered as sub-section (1) thereof by Act 22 of 2019, s.12 (w.e.f. 2-11-2018).
3. Ins. by s. 12, ibid. (w.e.f. 2-11-2018).
4. Subs. by s. 13, ibid., for section 86 (w.e.f. 2-11-2018).
5. Subs. by Act 29 of 2020, s. 17, for sub-section (5) (w.e.f. 21-12-2020).