Clarity has been sought by companies registered under section 8 of the Companies Act, 2013 (corresponding to section 25 of Companies Act, 1956) about the manner in which the amount of deposit of rupees one lakh received by them under sub-section (1) of section 160 of the Companies Act, 2013 (Act) is to be handled if the depositor fails to secure more than twenty five per cent of the total valid votes. It has been noted that the relevant provision is silent on such issue.

The matter has been examined in the Ministry and it is clarified that in such cases, the Board of directors of a section 8 company is to decide as to whether the deposit made by or on behalf of the person failing to secure more than twenty-five percent of the valid votes is to be forfeited or refunded.

Deposit under section 160: board may decide forfeiture or refund when a candidate fails to secure required votes. Where a candidate standing for election in a not-for-profit company fails to secure the specified voting threshold, the Board of directors of that company must decide whether the deposit made under section 160 by or on behalf of the unsuccessful candidate is to be forfeited or refunded.