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Restrictions on corporate loans and deposits: directors' loans allowed with declaration; shareholder approval required when borrowings exceed capital.
Companies may accept loans only in compliance with the deposit regime unless specifically exempted: director loans are excluded if accompanied by a declaration that funds are not borrowed, and loans from other companies are excluded subject to corporate law limits. Aggregate borrowings exceeding paid up share capital plus free reserves require shareholder approval by special resolution, while temporary loans repayable on demand or within six months are excluded. Companies are prohibited from advancing loans, guarantees or securities to directors or persons in whom directors are interested, and statutory lending caps apply to loans to other persons, breach of which requires special resolution. (AI Summary)
Author
Date 04 Apr 2014
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Corporate deposit acceptance: limits, tenure and procedural compliance required for issuing and registering public deposits under rules.
Most receipts by a company in the form of money are treated as deposits unless specifically exempted (including certain government, bank, institutional and inter-company receipts, timely-allotted securities and specified commercial advances). Eligible public companies that meet prescribed financial thresholds and obtain shareholder approval may accept deposits within statutory caps; non-eligible and government companies face distinct limits. Deposits must run between six and thirty-six months (subject to a limited short-term exception). Issuance requires prescribed circulars and filings (Form DPT-1), deposit insurance, a deposit repayment reserve (minimum 15 percent), registration, and annual return filing (Form DPT-3). (AI Summary)
Author
Date 04 Apr 2014
namrata gupta
Organization
Organization

kalani

Connected
Connected

April 2014