Authorisation to file e-Form DPT-3 One Time
The Chairman informed the Board that the Ministry of Corporate Affairs (MCA) vide notification dated 22th January, 2019 in exercise of the power 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 make the further rule 16(A) Companies (Acceptance of Deposits) Rules, 2014, which state that “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.” Further by general circular no. 05/2019 dated 12.04.2019, the MCA clarify that the data on deposit should be filed up-to 31st March, 2019. After discussion, the Board has passed the following resolution:
“RESOLVED THAT the consent of the Company be and is hereby accorded to the Board of Directors in terms of the provisions of applicable section of the Companies Act, 2013 read with Rule 16(A) Companies (Acceptance of Deposits) Rules, 2014, 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 upto 31st March 2019, as specified in Form DPT-3 with the Registrar of Companies and other Authorities, if any.
RESOLVED FURTHER THAT for the purpose of giving effect to the above resolution, the Board of Directors and any practicing professional be and are hereby authorized to finalize and execute all agreements, documents and writings and to do all acts, deeds, file e-form/form and things in this connection and incidental as the Board in its absolute discretion may deem fit of this resolution.”
Authorisation to file e-Form DPT-3 Annual
The Chairman informed the Board that as per rule 16 of Companies (Acceptance of Deposits) Rules, 2014 “Every company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company. Further MCA vide notification dated 22nd January 2019 inserted an explanation which state that “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.” After discussion, the Board has passed the following resolution:
“RESOLVED THAT the consent of the Company be and is hereby accorded to the Board of Directors in terms of the provisions of applicable section of the Companies Act, 2013 read with Rule 16 Companies (Acceptance of Deposits) Rules, 2014, every company other than Government company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company., as specified in Form DPT-3 with the Registrar of Companies and other Authorities, if any.
RESOLVED FURTHER THAT for the purpose of giving effect to the above resolution, the Board of Directors and any practicing professional be and are hereby authorized to finalize and execute all agreements, documents and writings and to do all acts, deeds, file e-form/form and things in this connection and incidental as the Board in its absolute discretion may deem fit of this resolution.”
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Authorization to file Form DPT-3
“RESOLVED THAT pursuant to provisions of Section 73 of the Companies Act, 2013 read with Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014, and such other provisions (including any statutory modifications or re-enactment thereof) as may be applicable for the time being in force, the consent of the Board of Directors of the Company be and is hereby accorded to file From DPT-3, Return of Deposits, with the Registrar of Companies.
“RESOLVED FURTHER THAT Mr. Vishal Nijhawan, Director of the Company, be and is hereby authorized to file and submit the requisite Form DPT-3 with the Registrar of Companies and to do all the needful in this regard.”
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