Comapnies act 2013

Discussion in 'Co bill 2008' started by ayushi, Apr 3, 2014.

  1. ayushi

    ayushi Member

    I was going through the provisions of companies Act 2013 where i found some doubts and hope u will help me in clearing it out :- 1.Acceptance of Deposits. - In Co Act 1956 it was given that company cannot accept deposit from membrers other than members, directors or their relatives, but in Co Act 2013 there is no specific clause so what does it mean that now the company can accept deposits from outsiders also? 2. Commencement of Business - In Co Act 2013 it is said that a private company has to file a statement with ROC about that subscripttion income and min paid up capital is brought in. I want to know is there any particular form no in which we have to give this statement??? or else in what form we have to give this statement? 3. Further Issue of Shares - In Co Act 1956 it is said that Further issue of shares is not appplicable to pvt Co. so it it true or was there any condition? 4. Relative of Director - Who all are covered in relative of director? 5. Restriction on giving loan to director - In Co Act 1956 Restriction was not there but it is said that in Co Act 2013 Restriction is applicable so whether Director is not to be given loans by Co or there is some limit for giving loans to directors??
  2. Mayur Sheth

    Mayur Sheth New Member

    1.
    The 2013 Act states, that only those companies which meet such net worth or turnover criteria as may be prescribed will be eligible to accept deposits from individuals other than its members. Such companies will also be required to obtain the rating (including its net worth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency which ensures adequate safety [section 76(1) of the 2013 Act].
    Eligible company – Defined in Companies (Acceptance of Deposits) Rules 2013 – means a public company which has obtained prior consent of AGM through special resolution for accepting public deposits; and has
    –Net worth of at least Rs. 100 crores, or
    –Turnover of at least Rs. 500 crores,

    2.
    For the purposes of clause (a) of sub-section (1) of section 11, the declaration filed by a director shall be in Form No. 2.24 along with the fee as provided in Annexure ‘B’ and the contents of the form shall be verified by a Company Secretary in practice or a Chartered Accountant or a Cost Accountant [as per draft rules 2013]

    4.

    List of relatives in terms of clause (77) of section 2
    A person shall be deemed to be the relative of another, if he or she is related to another in the following manner, namely:-
    (1) Father:
    Provided that the term "Father" includes step-father.
    (2) Mother:
    Provided that the term "Mother" includes the step-mother.
    (3) Son:
    Provided that the term "Son" includes the step-son.
    (4) Son’s wife.
    (5) Daughter.
    (6) Daughter’s husband.
    (7) Brother:
    Provided that the term "Brother" includes the step-brother;
    (8) Sister:
    Provided that the term "Sister" includes the step-sister.

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