Comapnies act 2013

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Dear all

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??

 

Eagerly waiting for your answers.

 

Thank usmiley

Replies (1)

1) No - You  have to ensure that the loan does not fall within the definition of 'deposit' as defined in Section 2(31) read with Rule 2 of Companies (Acceptance of Deposits) Rules 2014.

 

2) Refer Form INC.21 under Companies (Incorporation) Rules 2014.

 

3) Yes, Sec.81 was not applicable to private companies.

 

4) Refer Sec.2(77) and Rules framed thereunder for the list of relatives.

 

5) Loan to directors is prohibited u/s 185 except in some exceptional cases mentioned therein.

 

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