Section 76: Acceptance of deposits from public by certain companies

Companies Act • Official Statutory Text & Practice Guide

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Act 2013
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Legal Commentary & Landmark Judgments: Section 76

Section 76 regulates the acceptance of public deposits by eligible public companies having net worth of at least one hundred crore rupees or turnover of at least five hundred crore rupees.

  • Core Legal Standard: Section 76 permits eligible public companies (net worth not less than one hundred crore rupees or turnover not less than five hundred crore rupees) to accept deposits from persons other than its members.
  • Operational Mechanism: Acceptance requires prior approval by special resolution in general meeting and compliance with all rules under Section 73(2).
  • Procedural Rule: The company must obtain a credit rating from a recognized credit rating agency at the time of invitation and annually thereafter throughout the tenure of the deposit.

Eligible companies must create a charge over assets in favor of deposit trustees if deposits are secured, ensuring depositor claims are collateralized.

Key Landmark Precedents:
  • Integrated Finance Co. Ltd. v. RBI (2010) 9 SCC 401: The Supreme Court held that statutory regulations governing public deposit acceptance are mandatory and overriding, designed to prevent financial instability and protect depositors.
  • Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd. (1987) 1 SCC 424: The Supreme Court underscored the paramount need for state regulation over public fund mobilization by corporate entities to safeguard public savings.
Legal Commentary:

Section 76 enables established public companies to utilize public deposits as a working capital resource while subjecting them to credit rating scrutiny and deposit trust supervision. Default in repayment triggers immediate investigation by the ROC and MCA, disqualification of directors under Section 164(2), and astronomical fines under Section 76A running up to twenty-five crore rupees.