Question
Explain the provisions related to circular or advertisement for inviting deposits.

Answer

A circular is issued when the company invites deposits from its members. An advertisement is issued when the company invites deposits from the public.
(a) Contents of Circular or Advertisement:

  • Statement showing the financial position of the company
  • The portion of secured and unsecured deposit of fresh issue
  • Credit rating obtained from a Credit Rating Agency (only for eligible public companies)
  • Details of the scheme
  • Name of Deposit Trustees
  • Amount due towards deposits of any previous deposits accepted by the company.

(b) Filing of Circular or Advertisement with Registrar of Companies:
A company has to file a copy of a circular or advertisement signed by all directors with the Registrar of Companies.

(c) Issue of Circular or Advertisement:

  • The company must file a copy of the circular or advertisement with the Registrar of the Company.
  • The filing of circular or advertisement must be done within 30 days.
  • Only after filing the circular or advertisement, the company can issue it to the public.
  • The advertisement must be published in an English newspaper and in the regional language newspaper where the company’s registered office is located.
  • The company can send the circular to the members through registered post, speed post, or email.

(d) Validity of Circular or Advertisement:
The validity of circular or advertisement is valid for 6 months from the end of the financial year in which it was issued or the date on which the Annual General Meeting was held, whichever is earlier.

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