After the notification of
section 73 & 74 of the Companies Act 2013 there was huge uncertainty among
the Corporates specifically private companies as to whether amounts received by
private companies from their members, directors or their relatives prior to
1stApril, 2014 shall be considered as deposits under the Companies Act, 2013 as
such amounts were not treated as ‘deposits’ under section 58A of the Companies
Act, 1956 and rules made thereunder.
After receiving various representation in the said matter , MCA
vide circular no 02/2015 dated 30th March 2015 has clarified that such amounts
received by private companies prior to 1st April, 2014 shall not be treated as
‘deposits’ under the Companies Act, 2013 and Companies (Acceptance of Deposits)
Rules, 2014 subject to the condition that relevant private company shall
disclose, in the notes to its financial statement for the financial year
commencing on or after 1st April, 2014 the figure of such amounts and the
accounting head in which such amounts have been shown in the financial
Any renewal of acceptance of fresh deposits on or after 1st
April, 2014, shall however, be in accordance with the provisions of Companies
Act, 2013 and rules made thereunder.
Though this Circulars provides the much needed relief to private
companies but does not this also mean that if such amount was received by a
public company even though they were not treated as deposits under the
Companies Act, 1956 it will be treated as deposit under Companies Act, 2013.