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Justify the following statementThere is a limit or restriction on the amount that a company can collect as Deposits. - Secretarial Practice

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Question

Justify the following statement
There is a limit or restriction on the amount that a company can collect as Deposits.

Short Note

Solution

Justification:
(1) A private company can accept deposits from its members not exceeding 100% of the aggregate of the paid-up share capital and free reserves.
(2) A Public Company can accept deposits up to 25% of the aggregate of paid-up capital, free reserves and securities premium account.
(3) An Eligible company can accept deposits up to 25% of paid-up capital, free reserves, and securities premium account from public. In addition, it can accept deposits up to 10% of the aggregate of paid-up share capital, free reserves, and securities premium account from members.
(4) A Government company is eligible to accept deposits under section 76 of the Companies Act, 2013. It can accept deposits up to 35% of paid-up capital, free reserves, and securities premium account from the public. Thus, it is rightly justified that, there is a limit or restriction on the amount that a company can collect as deposits.

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Procedure for Accepting Deposits from Public
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Chapter 5: Deposits - Exercises [Page 92]

RELATED QUESTIONS

Answer in one sentence.
Which companies can accept deposits from the public?


Answer in one sentence.
Within what period should a company issue Deposit Receipt?


Select the correct answer from the options given below and rewrite the statement:
Eligible public company and Government Company can collect deposits from _____________.


Company has to appoint ______ to protect the interest of depositors.


Find the odd one.


Complete the sentence:
A Government company can accept deposits from public not exceeding ____________.


Complete the sentence:
Company cannot accept or renew deposits repayable on _____________.


Correct the underlined word and rewrite the following sentence.
Government Company can accept deposit from members.


Arrange in proper order:

(a) File Return of deposit

(b) Issue Deposit Receipt

(c) Issue advertisement.


Study the following case/situation and express your opinion.

Apple Company Ltd. plans to raise funds through Public Deposits. Its net worth is ₹10 Crores.
  1. Can they accept deposits from the public?
  2. Can they accept deposits that mature after 4 years?
  3. Within what period should the company issue deposit Receipts to its depositors?

Study the following case/situation and express your opinion.
ABC Company Ltd. is an eligible Public Company as per the Companies Act, 2013 with reference to accepting Public Deposits.
Can the company accept deposits from it’s members?


Study the following case/situation and express your opinion.
Apple Company Ltd. is an eligible Public Company. It plans to raise secured deposits from the public. Please advice its Board on the following. 
Does the company have to appoint a Debenture Trustee?


Study the following case/situation and express your opinion.
Apple Company Ltd. is an eligible Public Company. It plans to raise secured deposits from the public. Please advice its Board on the following. 
Within what period should the company create a charge on it’s assets?


Study the following case/situation and express your opinion.

Apple Company Ltd. is an eligible Public Company. It plans to raise secured deposits from the public. Please advise its Board on the following.

  1. Does the company need to get shareholders’ approval for accepting deposits?
  2. Does the company have to appoint a Debenture Trustee? 
  3. Within what period should the company create a charge on its assets?

Study the following case/situation and express your opinion.

SUN Pvt. Ltd. company wants to raise funds through deposits.

  1. Can the company accept deposits from the public?
  2. Which document should the company issue to invite deposits? 
  3. What is the maximum period for which they can accept deposits

Study the following case/situation and express your opinion:

ABC Limited a registered company has a clause of accepting deposits from the General Public in a Memorandum of association.

  1. Management has not passed a resolution in the board meeting for accepting deposits.
  2. Shareholder has not accepted the resolution and still company receives a deposit from general public.

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