Gopal Kabra who is a member of Shakti Ltd. wants to inspect the Register of deposits maintained by the company as required under the provisions of the Companies Act, 2013 and rules made thereunder. The Company Secretary

CS Executive · Company Law · PYQS · December 2020
Gopal Kabra who is a member of Shakti Ltd. wants to inspect the Register of deposits maintained by the company as required under the provisions of the Companies Act, 2013 and rules made thereunder. The Company Secretary has refused to show the register for inspection. Comment on the action of the Company Secretary referring to the provisions of the Companies Act, 2013.

Answer & Explanation:

According to Rule 14 of the Companies (Acceptance of deposits) Rules, 2014, every company accepting deposits is required to, maintain at its registered office one or more separate registers for deposits accepted or renewed, in which prescribed particulars shall be entered separately in the case of each depositor. The provisions of the Companies Act, 2013 do not contain any provisions governing the inspection of the Register for deposits and therefore it can be said that in absence of any enabling provision, this register is not open for inspection by members and company may refuse to open it for inspection. Accordingly, the Company Secretary has not defaulted under any provision of the Companies Act, 2013 by refusing an inspection of Register of Deposits to Gopal Kabra, member of the Company.

Topics: Acceptance of Deposits by Companies

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