Mr. Romit is an employee of PQR Trading Private Limited. As per his contract of employment, his annual salary is 5,00,000. Mr. Romit paid to the…
CA Intermediate · Corporate and Other Laws · MTP · January 2025
Mr. Romit is an employee of PQR Trading Private Limited. As per his contract of employment, his annual salary is 5,00,000. Mr. Romit paid to the company - 5,30,000 in the nature of non-interest bearing security deposit. Referring to the provisions of the Companies Act, 2013, decide whether this amount received from Mr. Romit will be considered as deposit as per rule 2(1)(c)?
Suggested Answer and Working Notes:
Rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014, states various amounts received by a company which will not be considered as deposits. As per rule 2 (1) (c) (x) any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest-bearing security deposit is not considered as deposit. In the instant case,5,30,000 was received by PQR Trading Private Limited as a non-interest-bearing security deposit, from its employee, Mr. Romit, who draws an annual salary of 5,00,000 under a contract of employment. Accordingly, amount of 5,30,000 received from Mr. Romit, will be considered as deposit in terms of sub-clause (x) of Rule 2 (1) (c) of the Act, as the amount received from Mr. Romit is more than his annual salary of 5,00,000.
Topics: Acceptance of Deposits by Companies
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