Rise Ltd., a company with diversified interests, has constituted Investor Education and Protection Fund as required under the provisions of the Companies Act, 2013. The company has so far not deposited any amount to the
CS Executive · Company Law · PYQS · December 2016
Rise Ltd., a company with diversified interests, has constituted Investor Education and Protection Fund as required under the provisions of the Companies Act, 2013. The company has so far not deposited any amount to the fund. The President (Finance) has asked you, the Company Secretary, to submit a note on amounts payable to the credit of the fund and the period within which amount shall be paid. Prepare the said note.
Answer & Explanation:
The President (Finance) Sir, Rise Limited Date ________ Sub: Details on amount payable to Investor Education & Protection Fund constituted under Companies Act, 2013 According to Section 125(1) of the Companies Act, 2013 the Central Government shall establish a Fund to be called the Investor Education and Protection Fund. Therefore, company is not required to constitute such fund. According to Section 125(2) of the Companies Act, 2013 the following amounts shall be credited to the Fund established by the Government by the company: the amount given by the Central Government by way of grants after due appropriation made by Parliament by law in this behalf for being utilised for the purposes of the Fund; donations given to the Fund by the Central Government, State Governments, companies or any other institution for the purposes of the Fund; the amount in the Unpaid Dividend Account of companies transferred to the Fund under sub-section (5) of section 124; the amount in the general revenue account of the Central Government which had been transferred to that account under sub-section (5) of section 205A of the Companies Act, 1956, as it stood immediately before the commencement of the Companies (Amendment) Act, 1999 and remaining unpaid or unclaimed on the commencement of this Act; the amount lying in the Investor Education and Protection Fund under section 205C of the Companies Act, 1956; the interest or other income received out of investments made from the Fund; the amount received under sub-section (4) of section 38; the application money received by companies for allotment of any securities and due for refund; matured deposits with companies other than banking companies; matured debentures with companies; interest accrued on the amounts referred to in clauses (h) to (j); sale proceeds of fractional shares arising out of issuance of bonus shares, merger and amalgamation for seven or more years; redemption amount of preference shares remaining unpaid or unclaimed for seven or more years; and such other amount as may be prescribed: Provided that no such amount referred to in clauses (h) to (j) shall form part of the Fund unless such amount has remained unclaimed and unpaid for a period of seven years from the date it became due for payment. This is for your information and record please. Best Regards Company Secretary
Topics: Investor Protection
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