News updates from Ministry of Corporate Affairs (MCA) under Companies Act, 2013

Filing of Form DPT-3  Form DPT-3 has been deployed by MCA effective from 1^st May 2019. Further, MCA had vide notification dated 30^th April, 2019 amended the Companies (Acceptance of Deposits) Rules, 2014 vide which every company (other than Government company) is required to 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 for the period from the 1^st day of April, 2014 to 31^st day of March, 2019, as specified in Form DPT-3 within 90 days from 31^st day of March, 2019. Filing of Form MSME Form MSME has been deployed by MCA effective from the 1^st day of May 2019. Form MSME is a half-yearly return to be filed with the Registrar of Companies in case the outstanding payments to Micro or Small Enterprises exceeds a period of 45 days. The said form is required to be filed within 30 days from the date of deployment of form i.e. from the 1^st day of May 2019. Amendment in due date of filing of Form DIR-3 KYC MCA had issued a notification on 30^th day of April, 2019 and notified Companies (Appointment and Qualification of Directors) Amendment Rules, 2019 requiring filing of Form DIR-3 KYC latest by 30^th day of June instead of 30^th day of April every year as earlier mentioned in rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014. Amendment in the Companies (Registration of Charges) Rules, 2014 and Companies (Registration Offices and Fees) Rules, 2014 The MCA has amended the Companies (Registration Offices and Fees) Rules, 2014 and notified Companies (Registration Offices and Fees) Third Amendment Rules, 2019 wherein new fee table has been inserted for filing of charge related documents under the Companies Act, 2013. The additional fees and the number of days allowed for the belated filing of the charge document has been differentiated on the basis of whether the charge document is created or modified before the 2^nd day of November 2018 or on and after 2^nd day of November 2018. Further, w.e.f. 1^st day of August 2019, the new slab has been introduced which specifies that in case the delay in filing of the charge document is up to 30 days then in case of the small companies and One Person Companies, 3 times of the normal fees shall be levied as an additional fees and 6 times in case of companies other than small companies and One Person Companies. If the delay is more than 30 days and up to 90 days, in addition to the delayed penalty of 3 times and 6 times for the respective companies as mentioned above, an ad-valorem fee of 0.025 % of the amount secured by the charge subject to a maximum of one lakh rupee shall also be levied for the small companies and One Person Companies and in case of other companies, the ad valorem fee of 0.05% of the amount secured by the charge  subject to a maximum of five lakh rupees shall be levied. Accordingly, the MCA has also amended the Companies (Registration of Charges) Rules, 2014 vide a notification dated 30^th April 2019 and notified Companies (Registration of Charges) Amendment Rules, 2019. Further, Form Nos. CHG-1, CHG-8, and CHG-9 shall also be substituted with new forms with effect from the 1^st day of August 2019.   Contact Us for more information Last Updated: 8^th May 2019 This article is contributed by:  Luv Malhotra Senior Manager, Legal