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Question
State any four terms and conditions regarding acceptance of deposit.
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Solution
- Period/Tenure of Deposit: No deposit can be accepted or renewed that is to be repaid within a period of six months or more than thirty-six months. In certain circumstances, a company may accept deposits repayable earlier than six months to meet its short-term needs. Such deposits must have a tenure of at least three months, and the amount of such deposits cannot exceed 10% of the aggregate of the company’s paid-up share capital and free reserves. Under certain circumstances, at the depositor’s request, the company may make premature repayment of deposits. The company may also renew its deposits with the same terms of issue, which will be considered fresh deposits.
- No demand deposit: Company cannot accept or renew deposits repayable on demand.
- Secured or Unsecured Deposit: A company can accept a secured or unsecured deposit, which should be clearly mentioned in the circular or advertisement inviting deposits. If the company offers secured deposits, it must create a charge on its tangible assets within 30 days of accepting deposits.
- Application Form: A company has to provide an application form. It should contain a declaration by the applicant that the deposit he is making is not made out of any money he borrowed from another person.
- Joint names: Company can accept deposits in the joint names of depositors. But there should not be more than 3 names.
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