# Definition of 'Depositor' [Rule 2(1)(d)]
## Statutory Text
> "Depositor" means —
> - any member of the company who has made a deposit with the company in accordance with the provisions of Section 73 of the Companies Act; or
> - any person who has made a deposit with an eligible company in accordance with the provisions of Section 76 of the Companies Act.
## Two Limbs of the Definition
| Limb | Who is the depositor? | Type of company accepting | Section |
|---|---|---|---|
| First limb | A member of the company | Any company accepting from members | Section 73 |
| Second limb | Any person (member or non-member, i.e., from the public) | Eligible company only | Section 76 |
## Key Observations
1. A member depositing under Section 73 is a depositor. (Applicable to both private and public companies.)
2. Any person (including a non-member) becomes a depositor only when the receiving company is an eligible company under Section 76 — i.e., an eligible public company can accept deposits from the public.
3. The definition presupposes that the receipt qualifies as a deposit under Section 2(31) read with Rule 2(1)(c). Persons giving money under the exclusions (e.g., ICDs, debenture-holders of secured debentures, etc.) are NOT depositors.
## Connection With Other Concepts
- A private company can have depositors only from its members (because it cannot accept from the public).
- A public company that is NOT an 'eligible company' can have depositors only from its members.
- Only an eligible company can have depositors who are members of the public.