Companies (Acceptance of Deposits) Amendment Rules, 2018

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Government of India

MINISTRY OF CORPORATE AFFAIRS

Notification

New Delhi, 5th July, 2018

G.S.R. _ (E). – In exercise of the powers conferred by section 73 and section 74 read with sub-section (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 15 August, 2018

  1. 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-I, 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 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-I, 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,-

  1. i)  for Form DPT-I, the following Form shall be substituted , namely:-

Download Company Law F. No. 1/8/2013 CL-V Dated 05-07-2018 – PDF Format – Download Here

 

 

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