MINISTRY OF  CORORATE AFFAIRS

NOTIFICATION

New Delhi, the 5^th July, 2018

G.S.R. 612(E).— 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 15^th  August, 2018

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

1. 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.”;

2. rule 5 shall be omitted;  

3. 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.”;

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

5. in the Annexure,-

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

FORM DPT-1

 (ii)  for Form DPT−3, the following  Form shall be substituted, namely:-      

FORM DPT- 3

 [F. No 1/8/2013-CL-V] K V R MURTY, Jt. Secy.  

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 31^st March, 2014 and were subsequently amended :-

1. Vide notification number G.S.R. 386(E) dated the 6^th June, 2014;
2. Vide notification number G.S.R. 241(E) dated the 31^st March, 2015;
3. Vide notification number G.S.R. 695(E) dated the 15^th September, 2015;  
4. Vide notification number G.S.R. 639(E) dated the 29^th June, 2016;  
5. Vide notification number G.S.R. 454(E) dated the 11^th May, 2017; and
6. Vide notification number G.S.R. 1172(E) dated the 19th September, 2017.