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Items not considered as deposits, in terms of Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013 by CS Arun Jain

Items not considered as deposits, in terms of Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013.

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Particulars Amount
a. Amount received from –  
  (i) the Central Government; or  
  (ii) a State Government; or amount received from any other source whose repayment is guaranteed by the Central Government or State Government; or  
  (iii) amount received from a local authority; or  
  (iv) amount received from statutory authority constituted under an Act of Parliament or a State Legislature.  
b. Amount received from –  
  (i) Foreign Governments; or  
  (ii) Foreign or international banks;  
  (iii) Multilateral financial institutions;  
  (iv) Foreign Governments owned development financial institutions;  
  (v) Foreign export credit agencies;  
  (vi) Foreign collaborators;  
  (vii) Foreign body corporates;  
  (viii) Foreign citizens;  
  (ix) Foreign authorities or;  
  (x) Persons residents outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999).  
c. Amount received as –  
  i) A loan or facility from any banking company; or  
  (ii) From the state Bank of India or any of its subsidiary banks; or  
  (iii) From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949); or  
  (iv) A corresponding new bank as defined in clause(d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); or  
  (v) From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).  
d. Amount received as loan or financial assistance from –  
  (i) Public Financial Institutions notified by the Central Government; or  
  (ii) Any regional financial institutions; or  
  (iii) Insurance companies; or  
  (iv) Scheduled Banks as defined in the Reserve Bank of India Act,1934 (2 of 1934).  
e. Amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India.  
f. Amount received by the company from any other company.  
g. Amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of securities applied for.  
h. Amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.  
i. (A) Amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking paripassu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company; or  
  (B) bonds or debentures compulsorily convertible into shares of the company within ten years.  
j. Amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India.  
k. Amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.  
l. Non-interest bearing amount received and held in trust.  
m. Amount received in course of , or for the purposes of the business of the company-  
  (i) As an advance for supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance.  
  (ii) As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement.  
  (iii) As security deposit for performance of the contract of supply of goods or provision of services.  
  (iv) As advance received under long term projects for supply of capital goods except those covered under item (b) of sub- clause (xii) clause (c) of sub- rule (1) of rule (2) of the Companies (Acceptance of Deposits) Rules, 2014.  
  (v) As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less.  
  (vi) As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government.  
  (vii) As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications.  
  (viii) Amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution.  
  (ix) Amount received by a Nidhi company in accordance with the rules made under section 406 of the Act.  
  (x) Amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982).  
  (xi) Amount received by company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India.  
  (xii) Amount of twenty five lakh rupees or more received by a start up company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person.  
  (xiii) Amount received by a company from –  
  (A) Alternate Investment Funds;  
  (B) Domestic venture Capital Funds;  
  (C) Infrastructure Investments Trusts;  
  (D) Real Estate Investment Trusts;  
  (E) Mutual Funds registered with the Securities and Exchange Board of India.  
     
     

Other Readings :

Reporting of Outstanding Loans and Advances to MCA in E-form DPT-3

ROC Filings (New) , Active 22A, MSME form 1 and DPT-3 by CS Arun Jain

Declaration of Commencement of Business by Company

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ROC Filings (New) , Active 22A, MSME form 1 and DPT-3 by CS Arun Jain

ROC COMPLIANCES

FORM LAST DATE PURPOSE REQUIREMENTS
INC-22A (ACTIVE) 15/06/2019 Registered office verification 1.      Two Photograph of the registered office of the company. The first photo of the registered office shall be taken from outside of the premises, whereas the second photo needs to be taken from within the registered office premises showing at least one director / KMP who shall be signing the e-form INC-22A.

2.      Photo clicked by GPS Camera ( for GPS camera download NOTECAM application in your mobile)

3.      DSC of two director of the company (dsc of the director is mandatory who is in the photo)

4.      Board of the company is to be placed on registered office premise

5.      MAIL ID of the company for OTP verification.

ATTACHMENT:- EXTERNAL & INTERNAL PHOTO OF THE REGISTERED OFFICE AS SPECIFIED ABOVE.

NOTE: – FOR FILING OF INC-22A DIN OF ALL THE DIRECTORS SHOULD BE ACTIVE AND LAST YEAR ANNUAL FILING IS TO BE COMPLETED.

Form MSME

 

·         Initial Return for the amount outstanding as on 22nd January, 2019

 

30/05/2019 All companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small enterprise suppliers exceed forty-five days from the date of acceptance or the date of deemed acceptance of the goods or services as per the provisions of section 9 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) (hereafter referred to as “Specified Companies”), shall submit a return to the Ministry of Corporate Affairs 1.      Total outstanding amount due (exceeding 45 days) as on 22nd January 2019 towards micro and small enterprises.

2.      Format for disclosure:

• Financial Years

• Name of Suppliers

• PAN of Suppliers

• Amount Due

• Specify the date from which amount is due

 

 

 

 

 

Form MSME

·

·         Half Yearly Return for the amount outstanding as on 31st March, 2019.

30/05/2019 1.      Total outstanding amount due (exceeding 45 days) as on 31st march 2019 towards micro and small enterprises.

2.      Format for disclosure:

• Financial Years

• Name of Suppliers

• PAN of Suppliers

• Amount Due

• Specify the date from which amount is due

Form DPT-3

 

·         One time return

29/06/2019 Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014.

 

 

 

Outstanding balances of all items fall under rule 2(1)(c) of deposit rules particularly following:

·         Any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government.

·         Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.

·         Any amount received by the company from any other company

·         Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

 

NOTE:- Reporting of the details of outstanding sums of receipt of money not considered as deposit as per the rule 2(1)(c)  for the period starting from 1st April, 2014 to the 31st March, 2019.

 

Attachment: – Auditor Certificate Outstanding balances of rule 2(1)(c) of deposit rules for the period of 1st April, 2014 to the 31st March, 2019.

 

 

 

Form DPT-3

 

Annual return

30/06/2019 Annual Return

·         Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 (if any)

·         Return of Deposit, (if any)

 

Outstanding balances of all items fall under the definition of Deposit and rule 2(1)(c) of deposit rules particularly following:

·         any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government.

·         Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.

·         Any amount received by the company from any other company

·         Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

 

NOTE:- Reporting of the details of outstanding sums of receipt of money or loan  as on 31st March, 2019.

 

Attachment: – Auditor Certificate regarding Outstanding balances  for the period ending on 31st March, 2019.

DIR -3 KYC

 

(FORM IS NOT UPDATED)

30/06/2019 KYC of all Directors of all companies annually through the e-form DIR-3 KYC. ·         DSC of director

·         Mail Id & Mobile Number for OTP verifications

·         Self attested PAN card

·         Self attested Aadhar Card

·         Self attested Passport if obtained