Companies (Acceptance of Deposit) Amendment Rules, 2018




Companies (Acceptance of Deposit) Amendment Rules, 2018

Effective from 15th August, 2018

Brief pointers:-

·         Certificate from Statutory auditor attached to DPT-1 stating that Company has not defaulted in repayment of deposits or interest thereof. In the case of any default made the Statutory Auditor shall certify that the default had been made good and its been five years that the default had been made good.

·         Rule 5 to be omitted

·         In Rule 13 the proviso shall be substituted – “Provided that the amount remaining deposited shall not at any time fall below twenty per cent of the amount of deposits maturing during the financial year”.

·         In Rule 14, sub-rule (1), clause (k)

·         DPT -1 shall be substituted

Notification:http://www.mca.gov.in/Ministry/pdf/CompaniesAcceptanceDepositsAmendmentRules_06072018.pdf

Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018

Effective from: 10th July, 2018

The rule 11 shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted, namely:-

“(2) The Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time in accordance with rule 12A:

(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014. (ii) after rule12, the following shall be inserted, namely:- “12A Directors KYC:- Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year. Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit eform DIR-3 KYC on or before 31st August, 2018.”;

In the Annexure after Form DIR-3 the form DIR-3-KYC shall be inserted.

Notification:http://www.mca.gov.in/Ministry/pdf/CompaniesAppointmentQualificationRules_06072018.pdf

Companies (Authorised to Register) Second Amendment Rules, 2018

Effective from: 15th August, 2018

Notification:http://www.mca.gov.in/Ministry/pdf/CompaniesAuthorisedRegister_06072018.pdf

[Detailed Note will be provided later]

Companies (Registration of Charges) Amendment Rules, 2018

They shall come into force from the date of their publication in the Official Gazette

For sub-rule (1) of rule 8, the following shall be substituted namely;- “8. “(1) A company or charge holder shall within a period of three hundred days from the date of the payment or satisfaction in full of any charge registered under Chapter VI, give intimation of the same to the Registrar in Form No.CHG-4 along with the fee.”; (iii) in rule 12, in sub-rule (1), for the words “within thirty days” the words ‘within a period of three hundred days” shall be substituted.

Notification:http://www.mca.gov.in/Ministry/pdf/CompaniesRegistrationChargesRules_06072018.pdf

Companies (Registration Offices and Fees) Third Amendment Rules, 2018

Save as otherwise provided in these rules, they shall come into force with effect from 10.07.2018

Following to be inserted:-

“VII. FEE FOR FILING e- Form DIR-3 KYC under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014

i) Fee payable till the 30th April of every financial year in respect of e-form DIR-3 KYC as at the 31st March of immediate previous year.

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ii) Fee payable (in delayed case)

Rs.5000

Note: For the current financial (2018-2019), no fee shall be chargeable till , the 31st August, 2018 and fee of Rs.5000 shall be payable on or after the 1st September, 2018”

Notification:http://www.mca.gov.in/Ministry/pdf/CompaniesRegistrationOfficesFeesRle_06072018.pdf





Commencement Notification:-

Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the 5th July, 2018 as the date on which the provisions of Section 20 of the said Act shall come into force. [5th July, 2018].

Notification:http://www.mca.gov.in/Ministry/pdf/CommencementNotification05_06072018.pdf

Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the 15th August, 2018 as the date on which the following provisions of the said Act shall come into force, namely:- Section 15, Section 16, Section 75 and Section 76. [5th July, 2018].

Notification:http://www.mca.gov.in/Ministry/pdf/CommencementNotification0507_06072018.pdf

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CMA Sandeep Kumar

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