Companies Act, 2013
Acceptance of Deposit by companies
Member (Pvt Co./Pub Co.)
Public (Eligible Public Co. only)
Shares
Interest
DPT-1
10% Int
er
for fixed terms
es
not repayble on demand
t4
-5
%
Interest 18-20%
Deposit
Companies Act, 2013
Acceptance of Deposit by companies
COMPANY Member
Fulfilment of conditions
after which deposits Deposit to be Re-paid Application to Tribunal
Usage of DRRA
[from its Member] can with Interest in case of Non-payment
be Accepted [Sec 73(2)]
1) Pass Ordinary Where a company fails to repay
Every deposit accepted The Deposit Repayment
Resolution in GM the deposit or part thereof or any
by a company shall be Reserve Account [DRRA]
interest thereon
repaid with interest in shall not be used by the
the depositor may apply to the
accordance with the company for any
Tribunal [NCLT]
terms and conditions of purpose other than
for an order directing the
the agreement repayment of deposits
company to pay the sum due or
for any loss or damage incurred
by him as a result of such
nonpayment.
Companies Act, 2013
Acceptance of Deposit by companies
Circular to Member if Depo. unsecured
mention expressly
2) Issue a circular in
COMPANY Member
Form DPT - 1 to its
including therein
members a statement showing the financial position of the company,
the total number of depositors and
Fulfilment of conditions the amount due towards deposits in respect of any previous
after which deposits deposits accepted by the company
[from its Member] can
be Accepted [Sec 73(2)] minimum 20% of its amount of deposit
maturing during the following financial year;
Filing of Circular with ROC
1) Pass Ordinary
However, the amount remaining deposited shall
Resolution in GM 3) Filing DPT-1 with
not at any time fall below 20% of the amount of
ROC within 30 days deposit maturing during the financial year
Maintain Liquidity:
No Deposit Default Certificate before circulating it (current FY).
4) No subsisting to members;
Financial Year 2023-24 Financial Year 2024-25
Depo.
Past defult made 20%
good and 5 Years 1.4.23 30.4.23 1.4.24 31.3.24
lapse
Companies Act, 2013
Acceptance of Deposit by companies
PRIVATE COMPANIES 100% OF {PUSC + FR+SP}
PVT.
COMPANY
EXEMPTION TO
PRIVATE COMPANIES START-UP PRIVATE
COMPANY NO LIMIT
(FOR FIRST 10 YEARS)
Provided also that all the
companies accepting
deposits shall file the
details of monies so PRIVATE COMPANY
NO LIMIT
accepted to the Registrar in SATISFYING 3 CONDITION
Form DPT-3.
which is not an the borrowings of such a such a company has not if Depo. unsecured
associate or a company from banks or defaulted in the repayment of mention expressly
subsidiary company financial institutions or any such borrowings subsisting at
of any other body corporate is less than the time of accepting deposits
company Lower of 1) 2 X PUSC 2) 50 under section 73.
crores; and
Companies Act, 2013
Acceptance of Deposit by companies
COMPANY Deposit from Public
Only Eligible Companies
Special Resolution Special Resolution Credit rating Creation of Security
Public Company having:
1) Net worth > 100 1) Net worth > 100 5 conditions: Credit rating must be Every company
crores or crores or 1. Issue circular in DPT-1 obtained for every accepting secured
2. File DPT-1 with ROC year during the tenure deposits from the
2) Turnover > 500 if (Deposit + 3. DRRA= Separate bank a/c of the deposit public shall within 30
crores Borrowing)< 180 (1) 4. No default in previous days of
(c) Limit deposits such acceptance,
then, Ordinary 5. Secured/Unsecured create a charge on its
Resolution assets, if depo.
secured
Resolution to be filed
with ROC
Companies Act, 2013
Acceptance of Deposit by companies
Mode of Circular
Issue of Circular RPAD/SP/E-mode
in Form DPT - 1
Details in Circular
1. a statement showing the financial position of the Advertisement
company,
Deposit 2. the credit rating obtained (for eligible companies
when accepting
Deposit from Public
Authority only u/s 76),
on the authority 3. the total number of depositors and
and in the name 4. the amount due towards deposits in respect of any
of BOD previous deposits accepted by the company and
5. Such other particulars in the prescribed form and
manner.
if Depo. unsecured 6months from end of FY
mention expressly Validity of Date of AGM EARLIEST
the Circular
if No AGM, Last due date of AGM
Companies Act, 2013
Acceptance of Deposit by companies
Company Public Member
ELIGILBLE Public Companies 25% of {PUSC+ FR+ SP} 10% of {PUSC+ FR + SP}
ELIGILBLE Government
Companies
Ineligible Public Companies 35% of PUC +FR + SP}
Private Company 100% of {PUSC + FR+SP}
Start-Up Private Company
No Limit
(For First 10 years)
Private Company Satisfy 3 Cond. No Limit
Companies Act, 2013
Acceptance of Deposit by companies
PRIVATE COMPANIES 100% OF {PUSC + FR+SP}
PVT.
COMPANY
EXEMPTION TO
PRIVATE COMPANIES START-UP PRIVATE
COMPANY NO LIMIT
(FOR FIRST 10 YEARS)
Provided also that all the
companies accepting
deposits shall file the
details of monies so PRIVATE COMPANY
NO LIMIT
accepted to the Registrar in SATISFYING 3 CONDITION
Form DPT-3.
which is not an the borrowings of such a such a company has not
associate or a company from banks or defaulted in the repayment of
subsidiary company financial institutions or any such borrowings subsisting at
of any other body corporate is less than the time of accepting deposits
company Lower of 1) 2 X PUSC 2) 50 under section 73.
crores; and
Companies Act, 2013
Acceptance of Deposit by companies
Rule 16
Return of Deposits to be Filed With the Registrar
Form DPT-3
furnish the information contained therein
as on the 31t day of March of that year duly
audited by the auditor of the company.
Companies Act, 2013
Acceptance of Deposit by companies
Rule 16A - Disclosures in the financial statement
shall disclose in its financial statement, by way of notes
PRIVATE Company PRIVATE Company
Money received Money received
from the from the
DIRECTOR. DIRECTOR/ Relative
Companies Act, 2013
Acceptance of Deposit by companies
Tenure of Deposits
Max- 10%
PUC +FR + SP
short-term
requirements
3 months Minimum Maximum
6 months 36 months
Companies Act, 2013
Acceptance of Deposit by companies
Deposits in Joint Names
In case the depositors so desire, deposits may be accepted in joint
names not exceeding 3.
clauses operate on maturity
A joint deposit may be accepted with or without any of the clauses, namely,
"Jointly",
"Either or Survivor",
"First named or Survivor",
"Anyone or Survivor".
Companies Act, 2013
Acceptance of Deposit by companies
Deposit Receipt
Within a period of 21 days from the date of receipt of money or
realization of cheque or date of renewal, the company is required to
furnish a deposit receipt to the depositor or his agent.
Companies Act, 2013
Acceptance of Deposit by companies
Registers of Deposits
Entries in the register shall be made within 7 days from the date of
issuance of the deposit receipt.
Preserved in good order for a period of not less than 8 years from the
financial year in which the latest entry is made in the register
Companies Act, 2013
Acceptance of Deposit by companies
Return of Deposits [DPT-3]
DPT-3
On or before the 30th June of that year.
particulars of deposits or
particulars of transactions not considered as deposits or
both by every company (other than a Government company).
