The Board of directors of PQR Ltd. wishes to accept deposits. As a Company Secretary of PQR Ltd., prepare the check list for secretarial compliance for acceptance of deposits as per the Companies Act, 2013.

CS Professional · Advanced Company Law and Practice · PYQS · June 2016
The Board of directors of PQR Ltd. wishes to accept deposits. As a Company Secretary of PQR Ltd., prepare the check list for secretarial compliance for acceptance of deposits as per the Companies Act, 2013.

Answer & Explanation:

Check list of secretarial compliance for acceptance of deposits under Companies Act, 2013 The Company Secretary should check: Whether proper Board meeting has been held and the matter of acceptance of deposit has been proposed and issue of notice for holding general meeting for obtaining approval of the shareholder has been taken place. Whether general meeting has been held and approval of the shareholders by means of a special or ordinary resolution has been passed. Whether the said resolution has been filed with Registrar in Form MGT-14 within 30 days of passing of such resolution. Whether Board meeting has been held to obtain the approval for the draft Circular/ Form of Advertisement from the Board and the said draft Circular/Form of Advertisement has been signed by majority of the directors of the Company. Whether copy of Circular/Form of Advertisement approved by the Board has been filed with the Registrar of Companies in Form DPT-1 for registration. Whether one or more deposit trustees for creating security for the secured deposits has been appointed and the company has executed a deposit trust deed in Form DPT-2 at least seven days before issuing circular or circular in the form of advertisement. Whether the company has enter into a contract providing for deposit insurance unless exempted at least thirty days before the issue of circular or advertisement with Insurance Company. Whether the company has obtain the rating unless exempted, (including its net worth, liquidity and ability to pay its deposits on due date) from a recognized credit rating agency for informing the public the rating given to the Company. Whether the company has issued circular/form of advertisement after 30 days from the date of filing of a copy of Circular/Form of Advertisement with the Registrar. Whether the circular has been issued to members by registered post with acknowledgement due or speed post or by electronic mode or publish the circular in the form of an advertisement in Form DPT-1 and in addition to such issue of circular the company has published the same in one English newspaper and one vernacular language in vernacular newspaper having wide circulation in the state of registered office of the company. Whether the company has uploaded the copy of the circular on the Company's website, if any. Whether the company has issued deposit receipt in the prescribed format and under the signature of officer duly authorized by Board, within a period of two weeks from the date of receipt of money or realization of cheques. Whether the company has made entries in the register as per the instruction provided in the rules within seven days from the date of issuance of the deposit receipt and such entries shall be authenticated by a director or secretary of the Company or by any other officer authorized by the Board. Whether the company has filed deposit return in Form DPT-3 by furnishing information contained therein as on 31st day of March duly audited by auditors before 30th June every year. Whether the company has prepared the statement regarding deposits existing as on the date of commencement of the act in Form DPT-4.

Topics: Deposits

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic