Companies Act 2013: Acceptance of Deposits

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Questions and Answers

What is the main objective of controlling companies which invite deposits?

  • To reduce the regulations on accepting deposits
  • To increase the number of companies accepting deposits
  • To protect the interests of individuals offering deposits (correct)
  • To maximize the profits of the corporate sector

Which section of the Companies Act deals with the prohibition on acceptance of deposits?

  • Section 76
  • Section 76A
  • Section 73 (correct)
  • Section 74

What is the punishment for contravention of the provisions relating to acceptance of deposits by companies?

  • Section 73
  • Section 76A (correct)
  • Section 74
  • Companies (Acceptance of Deposits) Rules, 2014

What concept does Chapter V of the Companies Act mainly address?

<p>Acceptance of deposits (D)</p> Signup and view all the answers

What does 'eligible companies' refer to in the context of accepting deposits from the public?

<p>Companies permitted to accept deposits from the public (D)</p> Signup and view all the answers

Which chapter of the Companies Act consists of sections 73 to 76A?

<p>Chapter V (B)</p> Signup and view all the answers

According to section 2 (31) of the Companies Act, 2013, the term 'deposit' includes which of the following?

<p>Any receipt of money by way of deposit, loan, or in any other form (B)</p> Signup and view all the answers

Which of the following is NOT a feature of the definition of 'deposit' as per section 2 (31) of the Companies Act, 2013?

<p>Premature repayment of a deposit cannot be made by the company (A)</p> Signup and view all the answers

What types of deposits are explained in the given text?

<p>Secured deposits and unsecured deposits (B)</p> Signup and view all the answers

Which of the following is NOT considered as a deposit according to Rule 2 (1) (c)?

<p>Any amount received from private companies (C)</p> Signup and view all the answers

As per the Companies Act, 2013, who can accept deposits from its members only?

<p>Private company (D)</p> Signup and view all the answers

What is the maximum number of persons in joint names that can accept a deposit according to the Companies Act, 2013?

<p>Three persons (A)</p> Signup and view all the answers

Which of the following entities can guarantee repayment and hence are not considered as deposit according to Rule 2 (1) (c)?

<p>(i) Central Government and state Government (B)</p> Signup and view all the answers

Which of the following is true about repayment of every deposit accepted by the company?

<p>It will always be repaid with interest (D)</p> Signup and view all the answers

'Premature repayment' of a deposit can be made by which type of company?

<p>(xi) A public company (A)</p> Signup and view all the answers

'Unsecured deposits' are explained as having what kind of security available?

<p>'Unsecured deposits' have partial or no security made available (D)</p> Signup and view all the answers

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Study Notes

Objective of Controlling Deposit-Inviting Companies

  • To safeguard the interests of depositors and maintain financial stability within the market.

Prohibition on Acceptance of Deposits

  • Section 73 of the Companies Act addresses the prohibition on accepting deposits from the public.

Punishment for Contraventions

  • Companies contravening deposit acceptance provisions may face penalties, including fines or imprisonment for responsible officers.

Chapter V of the Companies Act

  • Focuses primarily on the regulation of deposits and related provisions.

Eligible Companies

  • Refers to companies that meet specific criteria outlined by the Companies Act for accepting deposits from the public.

Relevant Sections of the Companies Act

  • Chapter V consists of sections 73 to 76A, governing the acceptance of deposits.

Definition of Deposit

  • According to Section 2(31), the term 'deposit' includes money received by a company for a specified period with an assurance of repayment.

Features Excluded from Deposit Definition

  • An advance or loan made by members is not classified as a deposit under the definition in Section 2(31).

Types of Deposits

  • Various deposit types include secured, unsecured, and specific classifications related to the nature of the company and terms.

Exclusions from Deposit According to Rule 2(1)(c)

  • Any advance payment made for the supply of goods or services that is refundable is not classified as a deposit.

Accepting Deposits from Members

  • Only specific entities, such as private companies, can accept deposits solely from their members.

Maximum Number of Joint Depositors

  • The Companies Act limits the maximum number of joint names for depositors to two.

Guaranteeing Entities

  • Entities that provide a guarantee for repayment do not classify the funds as deposits under Rule 2(1)(c).

Repayment of Deposits

  • Every company must ensure the timely repayment of deposits accepted, as per legal obligations.

Premature Repayment of Deposits

  • Only companies that have adhered to specific regulations can offer premature repayment of deposits to their depositors.

Unsecured Deposits

  • Unsecured deposits are characterized by the absence of collateral or security, meaning they carry a higher risk for the depositor.

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