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DPT – 3 Applicability to Financial Institutions

DPT – 3 Applicability to Financial Institutions . Notification.

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DPT – 3 Applicability to Financial Institutions

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  1. DPT – 3 Applicability to Financial Institutions

  2. Notification • G.S.R. 42(E).—In exercise of the powers conferred by clause (31) of section 2 and section 73 read with sub-sections (1) and (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, 2019. • 2 ……………………………………. • 3. ………………………………………. • 4. In the said rules, in rule 16(A), after sub-rule (2), the following sub-rule shall be inserted, namely:- “(3) 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 the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.”

  3. Section 73 of Companies Act • 73. Prohibition on acceptance of deposits from public. • (1) On and after the commencement of this Act, no company shall invite, accept or renew deposits under this Act from the public except in a manner provided under this Chapter: • Provided that nothing in this sub-section shall apply to a banking company and nonbanking financial company as defined in the Reserve Bank of India Act, 1934 and to such other company as the Central Government may, after consultation with the Reserve Bank of India, specify in this behalf. • (2) ……………………………..

  4. Companies (Acceptance of Deposits) Rules, 2014. • 1 Short Title, Commencement and Application • (1) These rules may be called the Companies (Acceptance of Deposits) Rules, 2014. • (2) They shall come into force on the 1st day of April, 2014. • (3) These rules shall apply to a company other than - • (i) a banking company; • (ii) a non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) registered with the Reserve Bank of India;(iii) a housing finance company registered with the National Housing Bank established under the National Housing Bank Act, 1987 (53 of 1987); and • (iv) a company specified by the Central Government under the proviso to sub-section (1) of section 73 of the Act.

  5. Section 45I of RBI Act – Definitions • bb) ‘‘deposit’’ includes and shall be deemed always to have included any receipt of money by way of deposit or loan or in any other form, but does not include,– • (i) …………………….. • (vii) any amount received by way of subscriptions in respect of a chit. • Explanation I.– ‘‘Chit’’ has the meaning assigned to it in clause (b) of section 2 of the Chit Funds Act, 1982. • (c) ‘‘financial institution’’ means any non-banking institution which carries on as its business or part of its business any of the following activities, namely:– • (i)…………………..………………………… • (v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the time being in force in any State, or any business, which is similar thereto; • (f) ‘‘non-banking financial company’’ means– • (i) a financial institution which is a company; • (ii) a non-banking institution which is a company and which has as its principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner; • (iii) such other non-banking institution or class of such institutions, as the Bank may, with the previous approval of the Central Government and by notification in the Official Gazette, specify;

  6. Press Release Dated 06.03.1997 issued by RBI.pdf • RBI FAQ – All you wanted to know about NBFCs • 4. Is it necessary that every NBFC should be registered with RBI? • In terms of Section 45-IA of the RBI Act, 1934, no Non-banking Financial company can commence or carry on business of a non-banking financial institution without a) obtaining a certificate of registration from the Bank and without having a Net Owned Funds of ₹ Two Crore. However, in terms of the powers given to the Bank, to obviate dual regulation, certain categories of NBFCs which are regulated by other regulators are exempted from the requirement of registration with RBI viz. Venture Capital Fund/Merchant Banking companies/Stock broking companies registered with SEBI, Insurance Company holding a valid Certificate of Registration issued by IRDA, Nidhi companies as notified under Section 620A of the Companies Act, 1956, Chit companies as defined in clause (b) of Section 2 of the Chit Funds Act, 1982,Housing Finance Companies regulated by National Housing Bank, Stock Exchange or a Mutual Benefit company.

  7. Banning of Unregulated Deposit Schemes Ordinance 2019 • Master Direction - Miscellaneous Non-Banking Companies (Reserve Bank) Directions 2016 • Model Certificate

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