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Microlesson · 5-min read

Removal of Deposit Trustee, Meeting of Depositors and Register of Deposits

## Removal of Deposit Trustee

  • A Deposit Trustee may be removed before expiry of his term only by passing a resolution with the consent of all the directors present at the meeting.
  • In the case of companies required to appoint independent directors, at least one independent director must also consent.

## Meeting of Depositors

The Deposit Trustee shall call a meeting of all the depositors on:

1. Requisition in writing signed by depositors holding not less than one-tenth in value of the deposits for the time being subsisting; OR

2. The happening of any event which constitutes a default or which, in the opinion of the trustee, affects the interest of depositors; OR

3. Suo motu, whenever the trustee considers necessary.

## Register of Deposits

  • Every company that accepts deposits must maintain a Register of Deposits at its Registered Office.
  • Entries to be made within 7 days from the date of issue of the deposit receipt.
  • Entries must be authenticated by a director or the secretary or any other officer authorised by the Board.
  • The register must be preserved in good condition for a period of not less than 8 years from the financial year in which the latest entry is made.

Worked example

### Example 1

Example: Sun Ltd. has 500 depositors holding deposits of ₹10 crore in total. 40 depositors holding deposits worth ₹1.2 crore submit a written requisition to the Deposit Trustee asking him to call a meeting. Is the trustee bound to convene the meeting?

Answer: Yes. The depositors hold ₹1.2 crore which is 12% (more than 1/10th in value) of the total subsisting deposits of ₹10 crore. Once this threshold is met, the trustee is bound to call the meeting irrespective of the number of depositors.

⚠️ Common exam mistakes

  • Computing the 1/10th threshold by number of depositors instead of by value of deposits.
  • Forgetting to obtain consent of at least one independent director (where applicable) while removing the trustee.
  • Maintaining the register at a corporate office or factory instead of the Registered Office.
  • Making entries in the deposit register beyond 7 days from issue of receipt.
Bare-Act text Rule 14 · Companies (Acceptance of Deposits) Rules, 2014 · click to expand
Every company accepting deposits shall, from the date of such acceptance, maintain at its registered office one or more separate registers for deposits accepted/renewed... The entries shall be made within seven days from the date of issuance of the receipt duly authenticated by a director or secretary of the company or by any other officer authorised by the Board for this purpose.
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