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Companies (Acceptance of Deposits) Amendment Rules 2018 - Notified

Ministry of Corporate Affairs' Notification G.S.R. 612(E) dated the 5th July, 2018, reads as follows.—

In exercise of the powers conferred by section 73 and section 74 read with subsection (1) and sub-section (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, 2018.
(2) They shall come into force on 15th August, 2018.

2. In the Companies (Acceptance of Deposits) Rules, 2014

(a) in rule 4, in sub-rule (1), after the proviso, the following proviso shall be inserted, namely:—

 “Provided further that a certificate of the statutory auditor of the company shall be attached in Form DPT-1, stating that the company has not committed default in the repayment of deposits or in the payment of interest on such deposits accepted either before or after the commencement of the Act and in case a company had committed a default in the repayment of deposits accepted either before or after the commencement of the Act or in the payment of interest on such deposits, a certificate of the statutory auditor of the company shall be attached in Form DPT-1, stating that the company had made good the default and a period of five years has lapsed since the date of making good the default as the case may be.”;

(b) rule 5 shall be omitted;

(c) in rule 13, for the proviso, the following shall be substituted, namely:-

 “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.”;

(d) in rule 14, in sub-rule (1), clause (k) shall be omitted;

(e) in the Annexure,- 

 i) for Form DPT-1, the following Form shall be substituted , namely:-
(Form not pasted here due to high length of full texts - please check original gazette notification and mca site.)

ii) for Form DPT−3, the following Form shall be substituted, namely:-
(Form not pasted here due to high length of full texts - please check original gazette notification and mca site.)


Note. - The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, subsection
(i) vide number G.S.R. 256(E), dated the 31st March, 2014 and 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; and
(6) Vide notification number G.S.R. 1172(E) dated the 19th September, 2017.

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