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Public deposit

namrata (company secretary ) (422 Points)

21 June 2014

Dear Freinds,

Kindly let me know whether Rent Deposit received from Licensee will be considered as Public deposit.

Regards

Namrata

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5 Replies

CA Saroj Kumar (Keen to learn something new every moments) (2588 Points)
Replied 21 June 2014

No mam it shall not be considered as deposit.

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Vandana J Doshi (Practising Company Secretary) (12562 Points)
Replied 21 June 2014

No Namrata....it is not a deposit....

namrata (company secretary ) (422 Points)
Replied 21 June 2014

Can just elaborate on what basis it would not be considered as deposit

CA Saroj Kumar (Keen to learn something new every moments) (2588 Points)
Replied 21 June 2014

Public deposits are an important source of financing the medium-term and long-term requirements of a company. The term 'public deposit' implies any money received by a company through the deposits or loans collected from the public. The public includes the general public, employees and shareholders of the company but excludes the money received in the form of shares and debentures. In India, this method of raising finance has gained a lot of importance because of the several advantages relating to public deposits:- It is an easier method of mobilising funds, especially during periods of credit squeeze. The administrative cost of deposits for the company is lower than that involved in the issue of shares and debentures. The procedure of inviting public deposits is also simpler and involve lesser formalities. The rate of interest payable by the company on public deposits is lower than the interest on loans from banks and other financial institutions. Such an interest is a tax deductible expense. It helps the company to borrow funds from a larger segment of public and thus reduces the dependence of the company upon financial institutions. It also enables the company to create contact with a large number of investors. It ensures the availability of funds for a longer duration and provides flexibility to the financial structure of the company. There is no risk of over-capitalisation and the deposits can be repaid when they are not required. There is no dilution of shareholders' control as the depositors have no voting rights and cannot interfere with the internal management of the company. But this mode of financing through public deposits has its own limitations:- As the public deposits are more likely to be affected by the uncertain conditions in the economy, the depositors response may vary accordingly. They may also tend to withdraw their deposits if the company is not performing well. Public deposits with the companies may cause a diversion of resources into non-priority and undesirable areas. Professional investors may not like to invest in such deposits as there is no or less chance for capital appreciation. As public deposits are unsecured, the depositors may have to bear the risk of loss of money in the event of failure of the company. Their widespread use restricts the growth of a healthy capital market. They also tend to distort the interest rate pattern of the economy and may result in the dearth of sound industrial securities. Regulating Public Deposits The public deposits are regulated by the provisions of the Companies Act and the Companies (Acceptance of Deposit) Rules,1975. According to them, the following amounts are not included in the expression 'deposits':- Any amount received from the Central Government or a State Government, local authority, foreign Government, any foreign citizen or authority or any other source whose repayment is guaranteed by the Central Government or a State Government Any amount received as a loan from any banking company, State Bank of India or its subsidiaries, a nationalised bank or co-operative bank Any amount received as a loan from any of the notified financial institutions Any amount received by a company from any other company Any amount received from an employee of the company by way of security deposit Any amount received by way of security or as an advance from any purchasing, selling or other agents in the course of or for the purposes of the business of the company Any amount received by way of subscripttions to any shares, stock, bonds or debenture pending the allotment of such shares, etc., and calls in advance on shares Any amount received in trust or any amount in transit Any amount received from directors of the company or from its shareholders by a private company Any amount of unsecured loans brought in by the promoters in pursuance of stipulations of financial institutions or loans provided by the promoters themselves and/or by their relatives but not by their friends and business associates. Deposit recived from licencees shall be regarded as Security deposit rather than Public deposit..