A private limited company can accept deposit from its members under the provisions of the Companies Act, 2013.
CS Executive · Company Law · PYQS · June 2018
A private limited company can accept deposit from its members under the provisions of the Companies Act, 2013.
Answer & Explanation:
A private limited company can accept deposit from its members in accordance with Section 73 of the Companies Act, 2013 and rules made thereunder. Moreover, the Government has exempted the private companies vide notification dated 13th June, 2017, from applicability of section 73 (1)(a) to (e). Accordingly, a private company may accept deposit from its members: not exceeding one hundred percent of aggregate of the paid up share capital, free reserves and securities premium account; or is a start-up, for five years from the date of its incorporation; or if it fulfils all of the following conditions, namely: is not an associate or a subsidiary company of any other company; if the borrowings of such a company from banks or financial institutions or any body corporate is less than twice of its paid up share capital or fifty crore rupees, whichever is lower; and such a company has not defaulted in the repayment of such borrowings subsisting at the time of accepting deposits under this section: Provided that the company referred to in clauses (A), (B) or (C) shall file the details of monies accepted to the Registrar in such manner as may be specified.
Topics: Deposits
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