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Justify the following statement: There 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.

Justify
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Solution

  1. Private Company: A private company can accept deposits from its members up to 100% of the aggregate of its paid-up share capital, free reserves, and securities premium account.
  2. Public Company: A public company can accept deposits from its members up to 35% of the aggregate of its paid-up share capital, free reserves, and securities premium account.
  3. Eligible Company: An eligible public company (which meets the prescribed net worth and turnover conditions) can accept deposits from the public up to 25% of the aggregate of its paid-up share capital, free reserves, and securities premium account.
    It can also accept deposits from its members up to 10% of the aggregate of its paid-up share capital, free reserves, and securities premium account.
  4. Government Company: A government company can accept deposits up to 35% of the aggregate of its paid-up share capital, free reserves, and securities premium account.

Thus, there are specific limits and restrictions on the amount of deposits a company can collect to ensure financial stability, transparency, and protection of stakeholders’ interests.

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

RELATED QUESTIONS

Answer in one sentence.
What is the maximum deposit the Government company can collect?


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:
A __________ Company can accept deposits from public not exceeding 35% of its paid-up share Capital and free reserves..


Deposit can be accepted for a minimum of 6 months and a maximum for ______ months.


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


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


Complete the sentence:
Deposits can be accepted or renewed for a period not less than 6 months and not more than ___________.


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


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.
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 in joint names?


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 issue secured 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 advice its Board on the following.

Does the company need to get shareholders approval for accepting 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 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.
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?


Explain the type of companies that can raise deposits along with the maximum amount they can raise as 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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