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Article explains about DIR-3 KYC required to be filed every year, Active form filing due date extended till 15 June, 2019, Filing of form DPT-3 – One time and Annually, SEBI Exit Order In Respect Of Magadh Stock Exchange Limited (Derecognised),  Permitting Foreign Portfolio Investors (FPI) to invest in Municipal Bonds and LLP Compliance- Filing of Form 11 Annual Return due date: 30th May, 2019.

1. DIR-3 KYC required to be filed every year

As per Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014

“Every individual who has been allotted a Director Identification Number (DIN) as on 31st 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 5th October, 2018.”

However, form DIR-3 KYC which is presently available on the MCA site doesn’t allow:

a. Filing on an annual basis.

b. Filing of the KYC form for the directors who have been allotted DIN post 31st March, 2018.

The revised form will be deployed shortly, will be more user-friendly and is modified in a manner to enable pre-filling of data information.

Due Date of filing DIR-3 KYC = 30th June, 2019.

2. Active form filing due date extended till 15 June, 2019.

MCA vide notification dated 21st February, 2019 amended Companies (Incorporation), Rules, 2014 in order to include Rule 25A i.e. Active Company Tagging Identities and Verification (ACTIVE). Every Company incorporated on or before 31st December, 2017 shall be required to file INC 22A on or before 25th April, 2019. However, due to technical defects in the form and representation from Industry, MCA vide notification dated 25th April, 2019, has extended the above mentioned timeline upto June 15, 2019.

Companies who fails to file the form, then such companies shall be treated as “Active-non-compliant” and Registrar shall not accept any request for any of the hereinafter mentioned events or changes in the Company:

i. SH-07 (Change in Authorised Capital)

ii. PAS-03 (Change in Paid-up Capital)

iii. DIR- 12 (Changes in Director except cessation)

iv. INC-22 (Change in Registered Office)

v. INC-28 (Amalgamation, de-merger).

However, if company files “E-Form INC 22A”, on or after 16th June, 2019, the company shall be required to pay fee of INR 10,000 (ten thousand rupees) and thereafter shall be marked as “ACTIVE Compliant”.

Form INC 22A (Active) Due Date: 15th June, 2019

3. Filing of form DPT-3 – One time and Annually.

MCA vide notification dated 22nd January, 2019, amended Companies (Acceptance of Deposits) Rules, 2014, (hereinafter referred to as “Deposit Rules”)

a. by inserting an explanation to Rule 16 of the Deposit Rules.

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.”

b. by inserting sub-rule (3) to Rule 16A of the Deposit Rules.

“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 31st March, 2019, as specified in Form DPT-3 within ninety days from 31st March, 2019 along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.

Note: Every company who has nil exempted deposit shall also file Nil Return.

Filing of form DPT-3 due date: 29th June, 2019

4. SEBI Exit Order In Respect Of Magadh Stock Exchange Limited (Derecognised).

SEBI passed an exit order dated 8th May, 2019 of Magadh Stock Exchange Limited and shall be considered as derecognised Stock Exchange. For further details, please refer to the link hereinafter mentioned.

LINK:  https://www.sebi.gov.in/enforcement/orders/may-2019/exit-order-in-respect-of-magadh-stock-exchange-limited-derecognised-_42928.html

5. Permitting Foreign Portfolio Investors (FPI) to invest in Municipal Bonds.

SEBI vide circular IMD/FPIC/CIR/P/2019/62 dated 8th May, 2019 amended Regulation 21(1)(p) of SEBI (Foreign Portfolio Investors) Regulations, 2014, and permitted FPIs to invest in municipal bonds.

Cirular LINK:  https://taxguru.in/sebi/permitting-foreign-portfolio-investors-fpi-invest-municipal-bonds.html

6. LLP Compliance.

Filing of Form 11 Annual Return due date: 30th May, 2019

You have to grow from the inside out. None can teach you, none can make you spiritual. There is no other teacher but your own soul.

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Kular Chirag & Associates (“KCA”) is a firm of Practising Company Secretaries. Our mission is to strive for excellence and keep ourselves capable for the challenging role we have in serving our clients. Our motto is aligned with the motto of the Institute of Company Secretaries of India as View Full Profile

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