Dear all,
As per Deposits Rule and Private Placement Rules , funds brought in as a share application money can not be appropriated other than for allotment or for Refund as the case may be , further this funds has to be kept in scheduled Bank in Separate Account ,
If Company makes fixed deposit of this funds in Schedule Bank , whether this will be treated as a contravention of Companies Act ,2013?
Proviso to Sec.42(6) reads as under:
Provided that monies received on application under this section shall be kept in a separate bank account in a scheduled bank and shall not be utilised for any purpose other than---
a) for adjustment against allotment of securities; or
b) for the repayment of monies where the company is unable to alllot securities.
Section does not restrict deposit to current account only. FD is also a bank account. In my opinion if FD is not given as lien and is free, it should meet requirement of the Section. In any case, no one except the Bank itself is going to be benefitted if money is kept idle in current account.
Will the company open the bank account in any specific name like "ABC Pvt. Ltd. - Share Application Money A/c" etc. or in the name of company
R P S K & Associates
Nashik
CA Inter
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Shyam Joshi & Associates
Pune
B.Com
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