CAIRR update 03 May, 2019

Summary of Notifications in the Companies Act, 2013 issued on 30.04.2019 and 01.05.2019 are listed below:

1. The Companies (Appointment and Qualification of Directors) Amendment Rules, 2019

The Ministry has extended the due date for filing e-Form DIR-3 KYC by every Director who has been allotted DIN as on 31^st March of a financial year from on or before 30^th April to on or before 30^th June of immediate next financial year. Read more…

2. The Companies (Acceptance of Deposits) Second Amendment Rules, 2019

The Ministry has notified that every company other than a Government Company, shall file e-Form DPT-3 within 90 days from 31^st March 2019, for any outstanding money or loan which is not considered as deposits by the company from 1^st April 2014 to 31^st March 2019 which earlier was for the period 1^st April 2014 to 22^nd January, 2019. Read more…

3. The Companies (Registration of Charges) Amendment Rules, 2019

• Rule 3(2) is substituted: Where the company has not filed the e-form CHG-1 and CHG-9 for creating or modifying the charge within 30 days then the same can be filed only after payment of additional or the newly introduced advalorem fee ranging from 0.025% to 0.05% with a cap of Rs.1 lakh and Rs.5 lakh respectively for Small and One Person Company and other Companies.
• Rule 3(3) is substituted: To explicitly provide that charge-holder will now be entitled to recover the amount of any fees or additional fees or advalorem fees paid by them to the Registrar for the purpose of registration of charge, where the Company has failed to register the same.
• Rule 4 is substituted – To eliminate the concept of condonation of delay by Registrar for filing of e-Form for registration of creation or modification of charge after 30 days and within 300 days from the date of creation or modification. Now the filing can be done in delayed cases only after making the payment of additional or advalorem fees.
• Rule 12 is substituted – To eliminate the concept of condonation of delay by Central Government for filing of e-Forms pertaining to charges after 300 days, from creation or modification and satisfaction of charge.

The amended Rule provides that an application to central government in e-Form CHG-8 shall be made for direct rectification of the omissions or misstatement of particulars of the charges which were previously recorded with the Registrar and to obtain direct extension of time for filing satisfaction of charge if not filed within 300 days from the date of such payment or satisfaction.

Forms CHG-1, CHG-8 and CHG-9 are revised w.e.f., 1^st August 2019. Read more…

4. The Companies (Registration Offices and fees) Third Amendment Rules, 2019 

The Ministry has amended the said Rules to make these in line with the above amended Rules pertaining to charges by tabulating specific fee structure for filing charge documents. Read more…

5. The Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund)

The definition of a Company is amended to make it comprehensive by including the specific definition of State Bank of India and its subsidiaries as per the State Bank of India Act, for the transfer of funds to Investor Education and Protection Fund. Read more…

6. The revised e-Form DPT-3 and e-form MSME are now deployed on the MCA portal: 

The e-Form DPT-3 and MSME-1 are available on the MCA portal for filing purposes w.e.f., 1st May 2019. Accordingly, the due dates for filing e-Form MSME-1 is 29^th May 2019 and for e-Form DPT-3 is 29^th June, 2019.