Section 76

Acceptance of deposits from public by certain companies.

The Companies Act, 2013

  • Act 18 of 2013
  • Ministry of Corporate Affairs
About this Act

An Act to consolidate and amend the law relating to companies.

All sections
    (1) Notwithstanding anything contained in section 73, a public company, having such net worth or turnover as may be prescribed, may accept deposits from persons other than its members subject to compliance with the requirements provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in consultation with the Reserve Bank of India, prescribe:
     Provided that such a company shall be required to obtain the rating (including its networth, liquidity and ability to pay its deposits on due date) from a recognised credit rating agency for informing the public the rating given to the company at the time of invitation of deposits from the public which ensures adequate safety and the rating shall be obtained for every year during the tenure of deposits:
     Provided further that every company accepting secured deposits from the public shall within thirty days of such acceptance, create a charge on its assets of an amount not less than the amount of deposits
     accepted in favour of the deposit holders in accordance with such rules as may be prescribed.
     (2) The provisions of this Chapter shall, mutatis mutandis, apply to the acceptance of deposits from public under this section.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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