Question:

Justify the following statement: Company has to fulfill certain provisions relating to issue of circular or advertisement.

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When a company asks the public for deposits, it must issue an advertisement like a detailed brochure. This brochure must be filed with the ROC first, contain all true financial facts, and be published widely.
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Solution and Explanation

This statement is correct. When a company intends to invite public deposits from its members or the public, it is legally required under the Companies Act, 2013, to issue a circular or an advertisement. This document provides essential information to potential investors. The company must strictly adhere to the following provisions:

Contents of Advertisement: The circular must be detailed and transparent. It must contain the financial position of the company, the portion of deposits guaranteed, the credit rating obtained from a recognized agency, the names of Deposit Trustees, and details of the deposit scheme.
Filing with Registrar of Companies (ROC): A copy of the circular or advertisement, signed by a majority of the company's directors, must be filed with the ROC before it is circulated to the public.
Issuing the Advertisement: The advertisement must be published in one leading English newspaper and one vernacular newspaper having wide circulation in the state where the company's registered office is located.
Validity: A circular or advertisement remains valid for six months from the end of the financial year in which it was issued or until the date on which the Annual General Meeting was held, whichever is earlier. A fresh advertisement is required for any new deposit scheme.
Fulfilling these provisions ensures that potential depositors are well-informed and their interests are protected, making the process transparent and compliant with the law.
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