Handbook on Acceptance of Deposits by Companies

by CA Kamal Garg

CONTENTS AT A GLANCE

Bharat?	5
Preface	7
Detailed Contents	11

Division I

Acceptance of Deposits by other than NBFCs

Chapter 1 Introduction	1
Chapter 2 Acceptance of Deposits by the Companies other than NBFCs	5
Chapter 3 Amount Received from the Central or State Government, or Whose Repayment is Guaranteed by them	51
Chapter 4 Amount Received from Foreign Governments, Banks, Multilateral Institutions, and Foreign Entities	54
Chapter 5 Loans or Facilities from Banks, SBI, Subsidiaries, and Other Banking Institutions	57
Chapter 6 Loans or Financial Assistance from Public Financial Institutions, Regional Financial Institutions, Insurance Companies, or Scheduled Banks	60
Chapter 7 Amount Received Against the Issue of Commercial Paper or Other RBI-Approved Instruments	63
Chapter 8 Amount Received from Another Company	66
Chapter 9 Amount Received as Share Application Money or Advance Towards Allotment of Securities Pending Allotment	69
Chapter 10 Amount Received from Directors or Relatives of Directors	72
Chapter 11 Amount Raised by the Issue of Secured Bonds or Debentures and Amount Raised by Issue of Non-Convertible Debentures (NCDs) Not Constituting a Charge on the Company’s Assets	75
Chapter 12 Amount Received from Employees under a Contract of Employment	81
Chapter 13 Non-Interest Bearing Amounts Held in Trust	84
Chapter 14 Amount Received in the Ordinary Course of Business	88
Chapter 15 Unsecured Loans Brought in by Promoters in Compliance with Stipulations of Lending Institutions	102
Chapter 16 Amount Accepted by Nidhi Companies in Accordance with Rules	105
Chapter 17 Amount Received by Way of Subscription under the Chit Funds Act, 1982	108
Chapter 18 Amount Received under a Collective Investment Scheme	111
Chapter 19 Convertible Notes Issued by Start-Up Companies	114
Chapter 20 Amount Received from SEBI-Registered Funds	117
Chapter 21 Amount Outstanding Towards Trade Creditors for More Than 365 Days – Whether Deposits	120
Chapter 22 Declaration by Director and Depositor	126
Chapter 23 Banning of Unregulated Deposit Schemes Act, 2019	128

Division II

Acceptance of Deposits by NBFCs and Provisions under FEMA

Chapter 24 Acceptance of Deposits by NBFCs	155
Chapter 25 Acceptance and Making of Deposits	184
Chapter 26 Borrowing and Lending Between a Person Resident in India and a Person Resident Outside India	212
Chapter 27 Borrowing and Lending in Rupees	227
Chapter 28 Borrowing or Lending in Foreign Exchange	237
Chapter 29 External Commercial Borrowings, FCCB, Trade Credits and Structured Obligations	255