Deposits in a Private Limited Company
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Vidushi /
Published on :
20-Jun-2022 11:02 AM /
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Hi Members,
Can somebody tell me are loan considered to be deposits if it is taken from Customers. Also confirm can we take loan from customers and not advance payment?
Thank you
Read more on : company limited private deposits
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Posted By : Vidushi /
Published on :
28-Sep-2022 08:49 AM /
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370 /
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Hey Friends,
Is there any relaxation in stamp duty payment in
incorporation of a Section 8 Company?
Regards,
Vidushi Rohatgi
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Posted By : Vidushi /
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28-Sep-2022 08:47 AM /
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438 /
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Hey friends!
Please let me know;
Can an OPC carry out the business of Micro finance.
Regards,
Vidushi Rohatgi
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Posted By : Vidushi /
Published on :
28-Sep-2022 08:45 AM /
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401 /
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Hey Folks!
What is the due date for filing annual return of OPC for 2021-22 annual filing?
Regards,
Vidushi Rohatgi
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Posted By : Vidushi /
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16-Sep-2022 08:36 AM /
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407 /
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Can any one guide whether FLA is required to be filed in case of issuance of convertible notes to a foreign shareholder?
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Posted By : Vidushi /
Published on :
15-Sep-2022 09:57 AM /
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478 /
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Dear Friends!
Who is the competent authority to approve CSR Policy?
Thanks and Regards
Vidushi Rohatgi
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Posted By : Vidushi /
Published on :
15-Sep-2022 09:56 AM /
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390 /
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Dear Members!
Which companies are not required to constitute CSR committee?
Regards
Vidushi Rohatgi
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Posted By : Vidushi /
Published on :
15-Sep-2022 09:53 AM /
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439 /
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Dear Folks!
Is certificate required from credit rating agency for accepting deposits by the companies and filing of ratings in form DPT-3
Thanks & Regards
Vidushi Rohatgi
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Posted By : Vidushi /
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16-Jul-2022 05:17 AM /
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610 /
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Hi Members,
Can a company issue bonus shares in the ratio of 1 : 1 ? Is there
any limit on the amount to be used from the reserve for the said
purpose ?
Regards,
Vidushi
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Dear Vidushi
Under section 73 read with rule 2 of companies ( Acceptance of deposits) Rules 2014:
Deposit includes any receipt of any receipt of money by way of deposit or loan or in any other form, by a company, but does not include as an advance for the supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance.
As loan from the customers is not excluded from the definition of deposits, therefore it would be considered as the deposits.
Also no restriction or prohibition has been imposed on taking loan from the customers, companies allowed to take loan from outsiders subject to the conditions of Section 180(1)(c).
As per section 180(1)(c) of the companies Act 2013:
The Board of Directors of a company shall exercise the following powers only with the consent of the company by a special resolution, namely-
(c) to borrow money, where the money to be borrowed, together with the money already borrowed by the company will exceed aggregate of its paid-up share capital and free reserves and securities premium apart from temporary loans obtained from the company’s bankers in the ordinary course of business.
Hope this may be helpful!