Referring to the provisions of the Companies Act read with the relevant Rules examine, whether the following amounts received by a company will be considered as deposits or not: Lalit ceased to be a director of ABC Pvt.
CS Executive · Company Law and Practice · PYQS · June 2024
Referring to the provisions of the Companies Act read with the relevant Rules examine, whether the following amounts received by a company will be considered as deposits or not: Lalit ceased to be a director of ABC Pvt. Limited (the company) by resignation w.e.f. June 15, 2023 and the company received ₹50,00,000/- (Rupees Fifty lakh) from Priya (spouse of Lalit) on June, 10, 2023 and the amount was self-earned savings of Mr. Priya as per her declaration.
Answer & Explanation:
Rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 provides the provisions relating to various amounts received by a company which will not be considered as deposits. In terms of this Rule, the answers to the given situations shall be as under: ₹50,00,000 by ABC Pvt Limited from Ms. Priya (i.e. relative of Director), will not be considered as deposit in terms of sub-clause (viii) of Rule 2 (1) (c), because she has given a declaration that the amount is given out of her self-acquired funds and not from borrowing etc.
Topics: Acceptance of Deposits by Companies
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