Answer: The main terms and conditions for accepting deposits under the Companies Act, 2013 and the Companies (Acceptance of Deposits) Rules, 2014 are:
- Period: Deposits are accepted for a minimum of 6 months and a maximum of 36 months. Deposits up to 10% of paid-up capital and free reserves may be taken for 3 months to meet short-term needs.
- Limit on amount: An eligible company may accept deposits from the public up to 25% and from members up to 10% of paid-up share capital, free reserves and securities premium.
- Rate of interest and brokerage: Interest cannot exceed the maximum rate prescribed by the RBI for NBFC deposits, and brokerage is allowed only within the prescribed limit.
- Circular / advertisement: A circular in Form DPT-1 must be issued and published in an English and a vernacular newspaper and filed with the Registrar before inviting deposits.
- Credit rating: An eligible company must obtain a credit rating every year and disclose it in the circular.
- Deposit Repayment Reserve: At least 20% of the deposits maturing in the next financial year must be kept in a separate scheduled bank account.
- Deposit receipt: A receipt must be issued within 21 days of receipt of money.
- Register and return: A Register of Deposits is maintained, and a return of deposits (DPT-3) is filed with the Registrar by 30 June every year.