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Section 76A of the Companies Act 2013: Punishment for Contravention of Section 73 or Section 76

SECTION-76A (Punishment for Contravention of Section 73 or Section 76) under CHAPTER-V (Acceptance of Deposits by Companies) of the Companies Act, 2013

Where a company accepts or invites or allows or causes any other person to accept or invite on its behalf any deposit in contravention of the manner or the conditions prescribed under section 73 or section 76 or rules made thereunder or if a company fails to repay the deposit or part thereof or any interest due thereon within the time specified under section 73 or section 76 or rules made thereunder or such further time as may be allowed by the Tribunal under section 73,—

(a) the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than one crore rupees but which may extend to ten crore rupees; and

(b) every officer of the company who is in default shall be punishable with imprisonment which may extend to seven years or with fine which shall not be less than twenty-five lakh rupees but which may extend to two crore rupees, or with both:


Provided that if it is proved that the officer of the company who is in default, has contravened such provisions knowingly or wilfully with the intention to deceive the company or its shareholders or depositors or creditors or tax authorities, he shall be liable for action under section 447.




Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link

(2) Section 76A was inserted by the Companies (Amendment) Act, 2015 w.e.f. 29th May, 2015link

(3) Further, refer the following rule(s) of the Companies (Acceptance of Deposits) Rules, 2014 - link

[Note: please also check further amendments to the Companies (Acceptance of Deposits) Rules, 2014]



This page was last updated on 28th February, 2017.

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