Companies to file one time return of outstanding money/loan due to another company. Companies (Acceptance of Deposits) Amendment Rules, 2019
Government of India
Ministry of Corporate Affairs
New Delhi, the 22 January, 2019,
G.S.R._ (E). – In exercise of the powers conferred by clause (31) of section 2 and section 73 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government, in consultation with the Reserve Bank of India, hereby makes the following rules further to amend the Companies (Acceptance of Deposits) Rules, 2014, namely:‑
1. (1) These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Acceptance of Deposits) Rules, 2014 (hereinafter referred to as the said rules), in rule 2, in sub-rule (1), in clause (c), in sub-clause (xviii), after the words “Infrastructure Investment Trusts,” the words “Real Estate Investment Trusts” shall be inserted.
3. In the said rules, in rule 16, the following Explanation shall be inserted, namely:-
“Explanation.- It is hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every company other than Government company.”.
4. In the said rules, in rule 16(A), after sub-rule (2), the following sub-rule shall be inserted, namely:-
” (3) Every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.”.
5. In the said rules, in the Annexure, for Form DPT-3, the following Form shall be substituted namely:-
Return of deposits
[Pursuant to rules 3 and 16 of the Companies (Acceptance of Deposits) Rules, 2014]
[File No 1/8/2013-CL-V]
(K V R Murty)
Joint Secretary to the Government of India
Note. – The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 256(E), dated the 31st March, 2014and were subsequently amended –
(1) vide notification number G.S.R. 386(E), dated the 6th June, 2014;
(2) vide notification number G.S.R. 241(E), dated the 31st March, 2015;
(3) vide notification number G.S.R. 695(E), dated the 15th September, 2015;
(4) vide notification number G.S.R. 639(E), dated the 29th June, 2016;
(5) vide notification number G.S.R. 454(E), dated the 11th May, 2017;
(6) vide notification number G.S.R. 1172(E), dated the 19th September, 2017; and
(7) vide notification number G.S.R.612(E), dated 5th July, 2018.