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Definition of Deposit

ACS Ami Sheth 
on 10 December 2016

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Rule 2 (1) (c) of Companies (Acceptance of Deposit) Rules, 2014 defines the term Deposit,  which is explained below:

“Deposit” includes any receipt of money by way of deposit or loan or in any other form, by a company, but does not include following- 








Particulars

Remarks

i

any amount received from the Central Government or a State Government or

any amount whose repayment is guaranteed by the Central Government or a State Government,  or

any amount received from a local authority /from a statutory authority constituted under an Act of Parliament / a State Legislature

ii

amount received from foreign Governments, foreign or international banks, multilateral financial institutions, foreign Governments owned development financial institutions, foreign export credit agencies, foreign collaborators, foreign bodies corporate and foreign citizens, foreign authorities or persons resident outside India

subject to the provisions of FEMA Act & Rules

iii

any amount received as a loan or facility from any banking company

from a banking institution notified by the CG u/s 51 of the Banking Regulation Act, 1949 or from New Bank / Co-op Bank

iv

any amount received as a loan or financial assistance from Public Financial Institutions notified by the Central Government

v

any amount received against issue of commercial paper or any other instruments 

As per guidelines or notification issued by the RBI

vi

any amount received by a company from any other company; 

vii

any amount received towards subscription to any securities, including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of the securities applied for; 

Application money/ advance for securities  shall be allotted in 60 days, if not allotted it shall be refunded in 15 days after expiry of 60 days

viii

any amount received from a person who, at the time of the receipt of the amount, was  a director of the company or a relative of the director of the private company: 

Such Director or relative from whom money is received, must give a declaration to the Company that the amount is not being given out of funds acquired by him by borrowing / accepting loans from others

& details of such borrowing to be mentioned in Board Report

ix

any amount raised by the issue of bonds or debentures secured or bonds or debentures compulsorily convertible into shares of the company within ten years

ix a

any amount raised by issue of non-convertible debenture not constituting a charge on the assets of the company and listed on a recognised SE as per applicable regulations made by SEBI.

Amended w.e.f 29.06.2016

x

any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the Company

in the nature of non-interest bearing security deposit

xi

any non-interest bearing amount received and held in trust

Amended w.e.f 29.06.2016

xii

any amount received in the course of, or for the purposes of, the business of the company

a

as an advance for the supply of goods or provision of services

such advance is appropriated against supply of goods/ provision of services within 365 days

b

as advance, accounted for received in connection with  consideration for an immovable property

c

as security deposit for the performance of the contract for supply of goods or provision of services

d

as advance received under long term projects for supply of capital goods

e

as an advance for providing future services in the form of a warranty or maintenance contract

Amended w.e.f 29.06.2016

f

as an advance received and as allowed by any sectoral regulator or in accordance with directions of CG/SG

Amended w.e.f 29.06.2016

g

as an advance for subscription towards publication, whether in print or in electronic

Amended w.e.f 29.06.2016

if the amount received under items (a), (b) and (d) above becomes refundable (with or without interest) due to the reasons that the company accepting the money does not have necessary permission or approval, wherever required, to deal in the goods or properties or services for which the money is taken, then the amount received shall be deemed to be a deposit under these rules:

xiii

any amount brought in by the promoters of the company by way of unsecured loan as per stipulation of any lending financial institution or a bank

Subject to fulfillment of conditions

xiv

any amount accepted by a Nidhi company

xv

any amount received by way of subscription in respect of a chit under the Chit Fund Act, 1982

Amended w.e.f 29.06.2016

xvi

any amount received by the company under any collective investment scheme

Amended w.e.f 29.06.2016

xvii

an amount of twenty five lakh rupees or more received by a *start-up company, by way of a convertible note

Amended w.e.f 29.06.2016

xviii

any amount received by a company from Alternate Investment Funds, Domestic Venture Capital Funds and Mutual Funds registered with the Securities and Exchange Board of India in accordance with regulations made by it

Amended w.e.f 29.06.2016


* I. Start-up company means a private company incorporated under the Companies Act, 2013 or Companies Act, 1956 and recognised as such in accordance with notification number G.S.R. 180(E) dated 17th February, 2016 issued by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry;

The author can also be reached at csamisheth@gmail.com


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