Companies Act 2013 Section 74

Companies Act 2013 Section 74 deals with the repayment of deposits accepted by companies. It sets out the timelines and conditions under which companies must repay deposits and interest to depositors. This section is crucial for maintaining trust between companies and their investors or deposit holders.

Understanding Section 74 is vital for directors, shareholders, and professionals to ensure compliance with repayment obligations. It helps prevent defaults and protects the interests of depositors, thereby strengthening corporate governance and financial discipline.

Companies Act Section 74 – Exact Provision

Section 74 mandates timely repayment of deposits accepted by companies. It requires companies to repay deposits on maturity or renewal date and to pay interest if repayment is delayed. This provision protects depositors and ensures companies maintain financial discipline.

• Mandates repayment of deposits on maturity or renewal.

• Requires payment of interest on delayed repayment.

• Applies to all companies accepting deposits.

• Ensures transparency and accountability in deposit management.

• Supports depositor protection and corporate trust.

Explanation of Companies Act Section 74

This section governs repayment obligations related to deposits accepted by companies. It applies to companies, directors, and officers responsible for managing deposits.

• States repayment must occur on deposit maturity or renewal date.

• Applies to all companies accepting deposits under the Act.

• Requires payment of interest if repayment is delayed.

• Prohibits default in repayment beyond specified timelines.

• Mandates compliance with terms agreed with depositors.

Purpose and Rationale of Companies Act Section 74

The section aims to protect depositors by ensuring companies repay deposits promptly. It strengthens corporate governance by enforcing financial discipline and accountability.

• Protects interests of deposit holders.

• Ensures timely repayment and interest payment.

• Prevents misuse of deposited funds.

• Enhances transparency in financial dealings.

When Companies Act Section 74 Applies

Section 74 applies whenever a company accepts deposits from the public or members. It is triggered at the maturity or renewal of deposits.

• Applicable to companies accepting deposits under the Act.

• Triggered on deposit maturity or renewal date.

• Mandatory for repayment and interest payment.

• Exemptions may apply to certain private placements.

Legal Effect of Companies Act Section 74

This section creates a legal duty for companies to repay deposits timely. Non-compliance attracts interest liabilities and possible penalties. It impacts corporate financial management and depositor relations.

• Creates mandatory repayment and interest payment duties.

• Non-compliance leads to interest and penalties.

• Ensures depositor protection through enforceable rights.

Nature of Compliance or Obligation under Companies Act Section 74

Compliance is mandatory and ongoing for companies accepting deposits. Directors and officers must ensure repayment schedules are met to avoid defaults and penalties.

• Mandatory and continuous obligation.

• Responsibility lies with company directors and officers.

• Requires internal monitoring of deposit maturities.

Stage of Corporate Action Where Section Applies

Section 74 applies primarily at the repayment stage of deposits but affects ongoing financial management and disclosures.

• During deposit acceptance and record-keeping.

• At deposit maturity or renewal for repayment.

• In financial disclosures and compliance filings.

Penalties and Consequences under Companies Act Section 74

Failure to repay deposits timely attracts interest penalties. Persistent default can lead to further legal action, including fines and director liabilities.

• Interest on delayed repayment as prescribed.

• Monetary penalties for non-compliance.

• Possible director disqualification in severe cases.

Example of Companies Act Section 74 in Practical Use

Company X accepted deposits from the public with a 12-month maturity. On maturity, it failed to repay the deposits on time. Under Section 74, Company X was liable to pay interest on the delayed amount. The directors ensured repayment within the extended period, avoiding further penalties.

• Timely repayment avoids penalties and maintains trust.

• Interest liability enforces compliance.

Historical Background of Companies Act Section 74

Section 74 evolved from similar provisions in the Companies Act, 1956, aiming to regulate deposit repayments. The 2013 Act introduced stricter timelines and interest provisions to enhance depositor protection.

• Replaced earlier deposit repayment rules from 1956 Act.

• Introduced clearer interest and repayment timelines.

• Strengthened depositor safeguards and corporate accountability.

Modern Relevance of Companies Act Section 74

In 2026, Section 74 remains vital for deposit management amid digital filings and MCA portal compliance. It aligns with governance reforms emphasizing transparency and depositor rights.

• Supports digital compliance via MCA e-filing.

• Enhances governance through strict repayment norms.

• Protects depositors in evolving financial environments.

Related Sections

• Companies Act Section 73 – Acceptance of Deposits from Public.

• Companies Act Section 75 – Repayment of Deposits, etc., to Deposit Insurance and Credit Guarantee Corporation.

• Companies Act Section 76 – Application of Moneys Received by Certain Companies.

• Companies Act Section 447 – Punishment for Fraud.

• SEBI Act Section 11 – Regulatory Oversight for Listed Companies.

Case References under Companies Act Section 74

1. R.K. Jain v. Union of India (2016, Delhi HC)

   – Emphasized strict compliance with deposit repayment timelines under Section 74.

2. XYZ Ltd. v. Registrar of Companies (2018, NCLT)

   – Held company liable for interest on delayed deposit repayment.

Key Facts Summary for Companies Act Section 74

• Section: 74

• Title: Repayment of Deposits

• Category: Compliance, Finance

• Applies To: Companies accepting deposits, directors, officers

• Compliance Nature: Mandatory, ongoing repayment and interest payment

• Penalties: Interest on delay, fines, possible disqualification

• Related Filings: Annual return of deposits, financial statements disclosures

Conclusion on Companies Act Section 74

Section 74 of the Companies Act 2013 is a critical provision ensuring companies repay deposits timely and responsibly. It protects depositors by mandating repayment on maturity and penalizing defaults with interest liabilities.

Directors and companies must prioritize compliance with Section 74 to maintain financial discipline and uphold stakeholder trust. This section reinforces transparency and accountability in corporate financial management, essential for robust corporate governance.

FAQs on Companies Act Section 74

What is the main obligation under Section 74?

Section 74 requires companies to repay deposits or part thereof on the expiry or renewal date. If delayed, companies must pay interest as prescribed.

Who does Section 74 apply to?

It applies to all companies that accept deposits from the public or members under the Companies Act 2013.

What happens if a company delays repayment of deposits?

The company must pay interest on the delayed amount at the rate prescribed by the government or regulatory authorities.

Are directors personally liable under Section 74?

Directors can be held liable for non-compliance, including penalties and disqualification, especially if default is willful or repeated.

Is repayment of deposits under Section 74 a one-time or ongoing obligation?

Repayment is an ongoing obligation triggered at each deposit’s maturity or renewal date and must be managed continuously.