Rule 3 - Acceptance of deposits by companies. - Companies (Acceptance of Deposits) Rules, 1975

Acceptance of deposits by companies. 033. (1) On and from the commencement of these rules. [1] [(a) no company shall accept or renew any deposit which is repayable on demand or on notice or after a period of less than six months or more than thirty-six months from the date of acceptance or renewal of such deposit:] Provided that a company may for the purpose of meeting any of its short-term requirements for funds, accept or renew, [2] [such deposits as are referred to in clause (i) of sub-rule (2)] for repayment earlier than six months from the date of deposit or renewal, as the case may be, subject to the condition that such deposits (i) shall not exceed ten per cent of the aggregate of the paid up share capital and free reserves of the company, and (ii) are repayable not earlier than three months from the date of such deposit or renewal thereof, as the case may be: [3] [Provided further that where a company has before the 1st day of April, 1978, accepted any deposit repayable after a period of more than thirty-six months, such deposits shall unless renewed after the said date, be repaid in accordance with the terms of such deposit]; [4] [(c) no company shall invite or accept or renew any deposits in any form, on a rate of interest exceeding [5] [the maximum rate of interest prescribed by the Reserve Bank of India that the Non-Banking Financial Companies can pay on their public deposits] per annum at rests which shall not be shorter than monthly rests;] [6] [(d) no company shall pay brokerage to any broker at a rate, exceeding one per cent of the deposits for a period up to one year, one and half per cent of the deposits for a period of more than one year but up to two years, and two per cent of the deposits for a period exceeding two years, collected by or through such broker, and such payment shall be on one time basis.] [7] [Explanation. Any person who is authorised by a company, in writing, to solicit deposits on its behalf and through whom deposits are procured will only be entitled to brokerage and payment of brokerage to any other person for procuring deposits shall be deemed to be not in conformity with the rules;] [8] [(e) no company with a net owned fund of less than rupees one crore shall invite public deposits.] [9] [(1A) On and from 1st day of March, 1997 no company shall accept or renew any deposits in any form if it is in default in the repayment of any deposit or part thereof and any interest thereupon in accordance with the terms and conditions of such deposit.] [10] [(2) No company, other than a Government company, shall accept: (i) any deposit against an unsecured debenture or any deposit from a shareholder (not being a deposit accepted by a private company from its shareholder) or any deposit guaranteed by any person who, at the time of giving such guarantee is a director of the company, if the amount of any such deposit together with the amount of such other deposits of all or any of the kinds of deposits referred to in this clause and outstanding on the date of acceptance or renewal of such deposit exceeds ten per cent [including any deposit accepted under the proviso to sub-rule (1) of rule 3] of the aggregate of the paid up share capital and free reserves of the company: Provided that for the purpose of calculation of the amount of deposits outstanding on the date of such acceptance or renewal, any deposit guaranteed by a person who, at the time of giving such guarantee was the managing agent or secretaries and treasurers of the company and outstanding on such date shall be taken into account. (ii) any other deposit, if the amount of such deposit together with the amount of such other deposit other than any of the deposits referred to in clause (i), outstanding on the date of acceptance or renewal exceeds twenty-five per cent of the aggregate of the paid-up share capital and free reserves of the company.]. [11] [(2A) No Government company shall accept any deposit, if the amount of such deposit exceeds thirty-five per cent [including any deposit accepted under the proviso to sub-rule (1) of rule 3 of the aggregate of its, paid up share capital and free reserves.] (3) If, immediately before the commencement of these rules, the aggregate amount of deposits, of the nature referred to in clause (i) of sub-rule (2), accepted by a company before such commencement, exceeds the limit specified in the said clause (i), the company shall, on or before, [12] [the 31st day of March, 1978] bring down the deposits to the limit aforesaid and for this purpose the company shall repay such deposits, as may be necessary. [13] [(4) On and from the 1st day of April, 1978, where a company has any outstanding loans which were excluded from deposits by virtue of Explanation 1 as it stood immediately before the said date, then such company shall, before the first day of April, 1981, repay or bring such loans down to an amount, which, along with other outstanding deposits, is within the limits specified in this rule.] [14] [Explanation. For the purpose of this rule in arriving at the aggregate of the paid-up share capital and free reserves of a company, there shall be deducted from the aggregate of the paid-up share capital and free reserves as appearing in the latest audited balance sheet of the company, the amount of accumulated balance of loss, balance of deferred revenue, expenditure and other intangible assets, if any, as disclosed in the said balance sheet; "Government company" means a company as defined in section 617 of the Companies Act, 1956.] ---------------------------------------------- Notes;- [1] Substituted for clauses (a) and (b) by the Companies (Acceptance of Deposits) Amendment Rules, 1992, w.e.f. 10-1-1992 vide GSR 39(E), dated 10-1-1992. [2] Substituted by the Companies (Acceptance of Deposits) Amendment Rules, 1981 w.e.f. 20-3-1981 vide GSR 187(E), dated 20-3-1981. [3] Inserted by the Companies (Acceptance of Deposits) Amendment Rules, 1978 w.e.f. 1-4-1978 vide GSR 201(E), dated 30-3-1978. [4] Substituted by the Companies (Acceptance of Deposits) Amendment Rules, 1993, w.e.f. 10-12-1993 vide GSR 744(E), dated 10-12-1993. [5] Substituted for "twelve and a half per cent" by Companies (Acceptance of Deposits) (Third Amendment) Rules, 2003, w.e.f. 29-9-2003. [6] Substituted by the Companies (Acceptance of Deposits) First Amendment Rules, 1986 w.e.f. 2-1-1986 vide GSR 7(E), dated 2-1-1986. [7] Inserted by the Companies (Acceptance of Deposits) Amendment Rules, 1990 w.e.f. 7-6-1990 vide GSR 551(E), dated 7-6-1990. [8] Inserted by Companies (Acceoptance of Deposits) (Third Amendment) Rules, 2001, w.e.f. 28-11-2001. [9] Inserted by the Companies (Acceptance of Deposits) Amendment Rules, 1997, w.e.f. 19-3-1997 vide GSR 155(E), dated 19-3-1997. [10] Substituted by the Companies (Acceptance of Deposits) First Amendment Rules, 1986 w.e.f. 2-1-1986 vide GSR 7(E), dated 2-1-1986. [11] Inserted by the Companies (Acceptance of Deposits) First Amendment Rules, 1986 w.e.f. 2-1-1986 vide 7(E), dated 2-1-1986. [12] Substituted by the Companies (Acceptance of Deposits) Third Amendment Rules, 1977 w.e.f. 31-12-1977 vide GSR 793(E), dated 30-12-1977. [13] Inserted by the Companies (Acceptance of Deposits) Amendment Rules, 1978 w.e.f. 1-4-1978 vide GSR 201(E), dated 30-3-1978. [14] Substituted by the Companies (Acceptance of Deposits) First Amendment Rules, 1986 w.e.f. 2-1-1986 vide GSR 7(E), dated 2-1-1986.