Loan and Deposit

Difference between Loan and Deposit

Difference between Loans and Deposits

The Companies Act, 2013 prohibits companies from inviting, accepting or renewing deposits from the public. Only banking companies, NBFCs registered with RBI as deposit taking NBFCs, housing finance company registered with the National Housing Bank and certain companies specified by the Central Government are allowed to take deposits. Hence, private limited companies and public limited companies without proper authorisation are expressly prohibited from taking deposits from the public. In this article, we look at the difference between loans and deposits as per Companies Act.

Definition of Deposit – As per Companies Act

As per Companies Act, 2013, 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. The Government through the Companies (Acceptance of Deposit) Rules, 2014 has notified which types of receipt of money does not classify as deposit.

Definition of Loan? – As per Companies Act

As per Companies Act, 2013, the following types of money received by a company are termed as loans:

  • Money received from the Central Government or a State Government or Local Authority or Statutory Authority, or any amount received from any other source whose repayment is guaranteed by the Central Government or a State Government.
  • Money received from foreign Governments, foreign or international banks, multilateral financial institutions (including, but not limited to, International Finance Corporation, Asian Development Bank, Commonwealth Development Corporation and International Bank for Industrial and Financial Reconstruction), foreign Governments owned development financial institutions, foreign export credit agencies, foreign collaborators, foreign bodies corporate and foreign citizens, foreign authorities or persons resident outside India subject to the provisions of Foreign Exchange Management Act, 1999.
  • Money received as a loan or facility from any banking company.
  • Money received as a loan or financial assistance from Public Financial Institutions notified by the Central Government.
  • Money received against issue of commercial paper or any other instruments issued in accordance with the guidelines of Reserve Bank of India.
  • Money received by a company from any other company;
  • Money received and held towards subscription to any securities, including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of the securities.
  • Money raised by the issue of bonds or debentures or bonds or debentures compulsorily convertible into shares of the company within five years.
  • Money received from an employee of the company not exceeding his annual salary.
  • Non-interest bearing money received or held in trust.
  • Money received in the course of doing business.
  • Money held as advance for the supply of goods or provision of services.
  • Money brought in by the promoters of the company by way of unsecured loan.
  • Money accepted by a Nidhi company.

Difference Between Loan and Deposit

Hence, as per the definition above, deposit is taken at the instance and for the benefit of the person depositing the money. Also, in deposit, the deposit is payable on demand of the depositor. In case of a loan, loan is taken at the instance or for the benefit of the person requesting the money. Loan are payable only when the obligation to repay the amount arises, as per the loan agreement.

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