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Deposits

Sony Sarkar (Company Secretary) (53 Points)

17 October 2016

A relative of Director and who is also a shareholders of Co. XYZ, gives loan to the Co.XYZ..... does this account for deposits?? Co. XYZ being a pvt. co,

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4 Replies

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 18 October 2016

No..it shall not be considerd as Deposit, if such loan has been given on or after 15th September, 2015.

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Jatin Bajaj (CS) (2930 Points)
Replied 21 October 2016

As per acceptance of deposit rules, read with amendment dated 15 September 2016, A company can accept unsecured loan from director and relative of Director provided such relative or director shall file declaration that funds have been given on personal basis and not from borrowing from third party or bank.

further relative of such Director shall not be the shareholder of the Company.if he is the shareholder of the company , then the aforsaid provisions is not applicable.otherwise it shall be treated as deposits

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 21 October 2016

I do not agree to Jatin Bajaj. Even if relative of director is Shareholder of a Company. an amount received from him will still not be considered as Deposit.

CS Arjun Rajagopal (B.com, ACS) (1056 Points)
Replied 21 October 2016

agree with learned member. As per MCA notification dt 05.06.2015 Pvt comps are exempted from provisions of sec 73 and they can accept deposits from shareholders upto 100% of PSC+F.R and the company shall file the details of monies so accepted with ROC.

Originally posted by : Pratik Shah
	I do not agree to Jatin Bajaj. Even if relative of director is Shareholder of a Company. an amount received from him will still not be considered as Deposit.