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Question 22 of 28

Q.Study the following case/situation and express your opinion.
Moon Private Ltd. Company wants to raise funds through deposits:
Can the company accept deposits from the public?
Which document should the company issue to invite deposits?
What is the maximum period for which company can accept deposits?

Maharashtra MsbshseMaharashtra HSC (MSBSHSE) Board 2025Subjective· 3mImportance★★★★★
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Private company — cannot take deposits from the public (only from members under Sec. 73); invites deposits by a circular to members; maximum period 36 months.

The Companies Act, 2013 distinguishes between deposits from members and deposits from the public:

  • From the public: only an eligible public company (meeting the net-worth/turnover criteria under Section 76) may accept deposits from the public. A private company like Moon Pvt. Ltd. cannot accept deposits from the public.
  • From members (Section 73): a private company may accept deposits only from its members, after passing a resolution and complying with the prescribed conditions (deposit repayment reserve, etc.). …

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