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Microlesson · 5-min read

Introduction to Public Deposits and Applicability of Sections 73 & 76

# Introduction to Acceptance of Deposits

## What is a Deposit?

A Deposit (also called Public Deposit or Fixed Deposit) is a form of borrowing made by companies. Think of it as a company taking money from the public/members with a promise to repay later.

### Key Features

  • May be secured or unsecured borrowings
  • Repayment is time-bound (must be repaid by a fixed date)
  • Governed by Sections 73 and 76 of the Companies Act, 2013
  • Detailed rules are given in the Companies (Acceptance of Deposits) Rules, 2014

## Purpose of the Provisions

These provisions regulate:

  • The limits up to which deposits can be accepted
  • The manner in which they can be accepted
  • The conditions subject to which deposits can be invited/accepted

## Who is Covered?

Sections 73 and 76 apply to Non-Banking Non-Financial Companies such as:

  • Trading companies
  • Manufacturing companies
  • Other ordinary commercial companies

## Who is NOT Covered (Exempted)?

Sections 73 and 76 do NOT apply to:

1. Banking Companies

2. Non-Banking Financial Companies (NBFCs)

3. Housing Finance Companies

4. Other classes notified by the Central Government

> Why excluded? Because these entities are regulated by separate, specialised legal frameworks (RBI, NHB, etc.) that already govern their deposit-taking activities.

## Quick Distinction: Private vs Public Company

Company TypeCan Accept Deposits From
Private CompanyMembers only
Public CompanyMembers + Public (if certain parameters fulfilled)

Worked example

### Example 1

Example: ABC Manufacturing Ltd. (a public company) wants to raise funds by accepting deposits. Which provisions govern this?

Answer: Since ABC is a non-banking, non-financial public company, Sections 73 and 76 of the Companies Act, 2013 along with the Companies (Acceptance of Deposits) Rules, 2014 will apply. It can accept deposits from members and, if it fulfils prescribed parameters, also from the public.

### Example 2

Example: XYZ Bank Ltd. accepts fixed deposits from customers. Will Sections 73 and 76 apply?

Answer: No. Banking companies are expressly excluded from the application of Sections 73 and 76. The acceptance of deposits by banks is governed by the Banking Regulation Act, 1949 and RBI norms.

⚠️ Common exam mistakes

  • Confusing 'deposit' under Section 2(31) with bank fixed deposits — here, the company itself is the borrower, not a bank.
  • Assuming all companies can accept deposits from the public — only public companies meeting prescribed conditions can do so.
  • Forgetting that NBFCs, banking companies, and housing finance companies are exempted from Sections 73 & 76.
Bare-Act text Section 2(31), Sections 73 & 76 · Companies Act, 2013 · click to expand
Section 2(31): 'deposit' includes any receipt of money by way of deposit or loan or in any other form, by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India.
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