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ARTICLE · 19 MAY 2014

Companies Act Series

Acceptance of deposits by India Inc. will now be governed by stricter rules.

IndiaCorporate/Commercial Law
Nishith Desai Associates
Nishith Desai Associates
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INDIA INC. HIT BY NEW DEPOSIT RULES!

  • Acceptance of deposits by India Inc. will now be governed by stricter rules.
  • Securities application money that is retained for more than 60 days without issuance of securities shall be deemed deposits.
  • Stringent conditions for issuance of bonds and debentures – unsecured optionally convertible debentures shall be treated as deposits.
  • Additional compliances required for deposits accepted prior to CA 2013.

The Government of India has recently notified Companies Act, 2013 ("CA 2013"), which shall replace the erstwhile Companies Act, 1956 ("CA 1956"). To help understand the changes introduced under the CA 2013, we are undertaking a series of updates on the CA 2013 ("NDA CA 2013 Series") analyzing the key changes and their implications for all stakeholders by setting out the practical aspects of some of the important changes introduced by CA 2013.

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