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1. Companies (Registration Offices And Fees) Third Amendment Rules, 2018– Fee For Filing DIR3-KYC

MCA vide its notification dated July 05, 2018 issued Companies (Registration Offices And Fees)  Third Amendment Rules, 2018  in order to amend its existing rules Companies (Registration Offices And Fees)  Rules, 2014. These rules will came in to force w.e.f.  July 10, 2018. Through this notification provisions relating to fee for filing DIR-3 has been inserted which are as follows.

1. 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.  – Nil

2. Fee payable (in delayed case) – Rs. 5000/-

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

Recent amendment in companies

2. Companies (Registration Of Charges) Amendment Rules, 2018– Time Period For Filing Of Satisfaction Of Charge Has Been Changed From 30 Days To 300 Days

MCA vide its notification dated July 05, 2018 issued Companies (Registration Of Charges) Amendment Rules, 2018 with a view to amend its existing rules Companies (Registration of Charges) Rules, 2014. The amended rules makes following changes in its existing rules:

  • In order to make clarity the words “shall be filed” is substituted for the words “and filed” under Rule 3 sub rule(1).
  • For Sub rule (1) of rule 8, the following shall be substituted namely:

“(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) Now in case of satisfaction of charge also a registrar can condone the delay upto 270 days.

3. Companies (Appointment And Qualification Of Directors) Fourth Amendment Rules, 2018– Power To Deactivate / Re-Activate The DIN

MCA vide its notification dated July 05, 2018 issued Companies (Appointment And Qualification of Directors) Fourth Amendment Rules, 2018 in order to amend its existing rules Companies (Appointment And Qualification Of Directors)  Rules, 2014. These rules will come in to force w.e.f  July 10, 2018. Through this notification provision has been inserted for deactivation of the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-formDIR-3-KYC within stipulated time in accordance with rule 12A.

Further 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.

The notification also provides the format of form DIR 3 KYC

  • after rule12, the following shall be inserted, namely:- “12A Directors KYC:- Every individual who has been allotted a Director Identification Number (DIN) as on 31 st 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.”;

4. Companies (Acceptance Of Deposits) Amendments Rules, 2018– Certificate From Statutory Auditors Shall Be Attached With DPT-1

MCA vide its notification dated July 05, 2018 issued Companies (Acceptance Of Deposits) Amendments Rules,  2018 in order to amend its existing rules Companies (Acceptance Of Deposits) Amendments Rules,  2018. These rules will came in to force w.e.f.  August 15, 2018.

As per the notification the following changes has been made:

1. Certificate of statutory auditor of the company shall be attached in form DPT-1

2. Rule 5 containing compliances regarding manner and extent of deposit insurance will be omitted.

3. In the rule 13 (Maintenance of liquid assets and creation of deposit repayment reserve account) for the proviso, the following shall be substituted “ Provided the amount remaining deposited shall not at any time fall below twenty per cent of the amount of deposits maturing during the financial year.

4. In rule 14 (Register of deposits) in sub rule(1) clause k is omitted which means that there is no need of mentioning the particulars regarding details of deposits including the extent of deposit insurance.

5. Form DPT-1 will be amended.

5. Companies (Authorised To Register) Second Amendment Rules, 2018

MCA vide its notification dated July 05, 2018 issued Companies (Authorised To Register) Second Amendment Rules in order to amend its existing rules Companies (Authorized to Register)  Rules, 2014. These rules will came in to force w.e.f  August 15, 2018. The new rules make various amendments in its existing rules. For more details refer the said notification.

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I am a Practicing Company Secretary and a Lawyer and have an experience of over 12 years. I have been practicing in the field of Corporate Laws, Secretarial Audits, Legal Drafting, Compliances, NBFC, FEMA & RBI and SEBI, Stock and Commodity Market Exchange Regulation, Advisory of Listed and unli View Full Profile

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