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Question
State the amount of deposits that different types of companies can collect by way of deposits.
Solution
Deposits are a source of short-term funds for the company. Deposits can be accepted by the company from public, directors or its members. It is a loan taken by the company and there are various terms and conditions that a company need to follow to accept them.
The amount of deposits that different types of companies can collect by way of deposits is as follows:
- Amount of Deposit:
- Private Company: A Private Company can accept deposits from its members or Directors or Relatives of Directors not more than 100 percent of its aggregate of paid-up share capital and free reserves.
However, a reserve class of Private Companies as specified by the Companies Act can accept deposits more than 100 percent of its aggregate of paid-up share capital and free reserves.
- Private Company: A Private Company can accept deposits from its members or Directors or Relatives of Directors not more than 100 percent of its aggregate of paid-up share capital and free reserves.
- Public Company (other than Eligible Company): These Companies cannot accept fresh deposit from members if the amount of such deposits together with the previous deposits exceeds 25% of the aggregate of the paid up share capital and free reserves of the company
- Eligible Public Company: An 'Eligible Company', i.e., a company eligible to accept deposits from public under Section 76(1) of Companies Act, 2013, can accept deposits up to 25% of paid-up capital, free reserves, and securities premium account from the 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 Rule 3(4) of Companies (Acceptance of Deposits) Rules, 2014. - Government Company: A Government company is eligible to accept deposits under Section 76 of Companies Act, 2013. It can accept deposits up to 35% of paid-up capital, free reserves and securities premium account From the public.
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Eligible public company and Government Company can collect deposits from _____________.
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A __________ Company can accept deposits from public not exceeding 35% of its paid-up share Capital and free reserves..
Match the pairs.
Group 'A' |
Group 'B' |
a) Private Company |
10% of aggregate of paid-up share Capital + free reserves |
b) Deposit Trust Deed |
Signed at least 7 days before issuing advertisement |
c) Secured Deposit |
Maximum 30 months |
d) Tenure of deposit |
Charge on tangible assets |
e) Return of Deposit |
100% aggregate of paid-up share capital + free reserves |
File on or before 31st March every year |
|
Signed 21 days after issuing advertisement |
|
Maximum 36 months |
|
Charge on intangible assets |
|
File on or before 30th June every year |
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Company cannot accept or renew deposits repayable on _____________.
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(b) Issue Deposit Receipt
(c) Issue advertisement.
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Study the following case/situation and express your opinion.
SUN Pvt. Ltd. company wants to raise funds through deposits.
Can the company accept deposits from the public?
Study the following case/situation and express your opinion.
SUN Pvt. Ltd. company wants to raise funds through deposits.
Which document should the company issue to invite deposits?
Study the following case/situation and express your opinion.
SUN Pvt. Ltd. company wants to raise funds through deposits.
What is the maximum period for which they can accept deposits?
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.
- Does the company need to get shareholders’ approval for accepting deposits?
- Does the company have to appoint a Debenture Trustee?
- 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.
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