The following information are available for Sidhana Ltd. : Paid up Equity Share Capital (8 crore equity shares of ₹10 each) - ₹80 Crores General Reserve - ₹60 Crores Share Premium - ₹40 Crores Secured Loans (Including ca
CS Professional · Advanced Company Law and Practice · PYQS · December 2017
The following information are available for Sidhana Ltd. : Paid up Equity Share Capital (8 crore equity shares of ₹10 each) - ₹80 Crores General Reserve - ₹60 Crores Share Premium - ₹40 Crores Secured Loans (Including cash credit limit of ₹50 Crores from Unity Bank) - ₹65 Crores (i) Whether the company is eligible to accept deposit from its members and public? Calculate the quantum of deposit that can be accepted from its members and public and Deposit Repayment Reserve.
Answer & Explanation:
As per Section 76 of the Companies Act, 2013 certain public companies can accept the deposits from public i.e. from the persons other than its members subject to compliance with the requirements provided in sub-section (2) of section 73 and subject to such rules as the Central Government may prescribe, in consultation with the Reserve Bank of India. However, such a company shall be required to obtain the rating (including its net worth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits. So also, every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits accepted in favour of the deposit holders in accordance with such rules as may be prescribed. Rule 13 of the Companies (Acceptance of Deposits) Rules, 2014 provides for the Maintenance of liquid assets and creation of deposit repayment reserve account as follows: Every company referred to in sub-section (2) of section 73 and every eligible company shall on or before the 30th day of April of each year deposit the sum as specified in clause (c) of the said sub-section with any scheduled bank and the amount so deposited shall not be utilised for any purpose other than for the repayment of deposits: Provided that the amount remaining deposited shall not at any time fall below fifteen per cent. of the amount of deposits maturing, until the end of the current financial year and the next financial year. Rule 3(4) (a) of the Companies (Acceptance of Deposits) Rules, 2014 as amended by the Companies (Acceptance of Deposits) Second Amendment Rules, 2015 provides that- No eligible company shall accept or renew any deposit from its members, if the amount of such deposit together with the amount of deposits outstanding as on the date of acceptance or renewal of such deposits from members exceeds ten per cent of the aggregate of the Paid-up share capital, free reserves and securities premium account of the company. Rule 3(4) (b) of the Companies (Acceptance of Deposits) Rules, 2014 as amended by the Companies (Acceptance of Deposits) Second Amendment Rules, 2015 provides that- No eligible company shall accept or renew any other deposit, if the amount of such deposit together with the amount of such other deposits, other than the deposit referred to in clause (a), outstanding on the date of acceptance or renewal exceeds twenty-five per cent. of aggregate of the Paid-up share capital, free reserves and securities premium account of the company. (i) The company "Sidhana Ltd." is eligible to accept deposit from its members and public since it is a public company having its net worth of ₹180 Crores which is more than the qualifying limits as prescribed in section 76 of the Companies Act, 2013. However, the company can accept the deposit from its members upto the limit of ₹18 Crores assuming that no outstanding deposits from the members are in existence as on the date of acceptance of such deposits. So also, the company can accept the deposit from the public upto the limit of ₹45 Crores assuming that no outstanding deposits from the public are in existence as on the date of acceptance of such deposits. The company shall on or before the 30th day of April of each year deposit the sum as specified in clause (c) of the sub-section (2) of section 73 of the Companies Act, 2013 with any scheduled bank and the amount so deposited shall not be utilised for any purpose other than for the repayment of deposits. Also, ensure that the amount remaining deposited shall not at any time fall below fifteen per cent of the amount of deposits maturing, until the end of the current financial year and the next financial year.
Topics: Deposits
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