valid as on 15/08/2019

Section 74.Repayment of deposits, etc., accepted before commencement of this Act.
Effective from 01-04-2014, font in green from 06.06.2014 and font in blue from 15.08.2018

(1) Where in respect of any  by a  before the commencement of this Act, the amount of such  or part thereof or any interest due thereon remains unpaid on such commencement or becomes due at any time thereafter, the company shall—

(a) file, within a period of three months from such commencement or from the date on which such payments, are due, with the  of all the deposits accepted by the company and sums remaining unpaid on such amount with the interest payable thereon along with the arrangements made for such repayment, notwithstanding anything contained in any other law for the time being in force or under the terms and conditions subject to which the deposit was accepted or any scheme framed under any law; and

(b) repay within one year from such commencement or from the date on which such payments are due, whichever is earlier.

repay within three years from such commencement or on or before expiry of the period for which the deposits were accepted, whichever is earlier:

Provided that renewal of any such deposits shall be done in accordance with the provisions of Chapter V and the rules made thereunder.

(2) The  is setup and notified, may on an  made by the company, after considering the financial condition of the company, the amount of deposit or part thereof and the interest payable thereon and such other matters, allow further time as considered reasonable to the company to repay the deposit.

(3) If a company fails to repay the deposit or part thereof or any interest thereon within the time specified in sub-section (1) or such further time as may be allowed by the  under sub-section (2), the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than one crore rupees but which may extend to ten crore rupees and every  of the company who is in default shall be punishable with imprisonment which may extend to seven years or with fine which shall not be less than twenty-five lakh rupees but which may extend to two crore rupees, or with both.(Effective from 06-06-2014)

It is clarified by MCA that any amount received by a private company from its members, directors or their relatives prior to 01 April 2014 shall not be treated as ‘deposit’. However, any renewal or acceptance of such amount from said parties by a private company on or after 01 April 2014 shall be treated as ‘deposit’ vide Circular no. 05/2015 dated 30 March 2015. To view the clarification,Click Here
Company means a company incorporated under this Act or under any previous company law
Deposit includes any receipt of money by way of deposit or loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India
Refer rule 20 of the Companies (Acceptance of Deposits) Rules, 2014. To view the rule,Click Here
Substituted vide Companies (Amendment) Act, 2017 dated 03.01.2018, w.e.f., 15.08.2018. To view the notification,Click Here
CLB to exercise powers until NCLT  vide order S.O. 1460(E). To view the order,Click Here
Refer Rule 73 National Company law Tribunal Rules 2016.To view the rule,Click Here
 “Tribunal” means the National Company Law Tribunal constituted under section 408
2(59) Officer includes any director, manager or key managerial personnel or any person in accordance with whose directions or instructions the Board of Directors or any one or more of the directors is or are accustomed to act

27.3.73 National Company Law Tribunal Rules, 2016

73.  Application under sections 71(9), 71(10), section 73{4) or section 74(2) and,76(2)-

(1)Where a company fails to redeem the debentures or repay the deposits or any part thereof or any interest thereon, an application under sub-section (10) of section 71 or under sub-section (4) of section 73 of the Act or section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be filed to the Tribunal, in  in duplicate and shall be accompanied by such documents as are mentioned in , by-

(a) in case of debentures, all or any of the debenture holders concerned, or debenture trustee; or

(b) in case of deposits, all or any of the where the deposits are secured, by the depositors concerned, or deposit trustee.

(2) There shall be attached to the application, a list of depositors or debenture holders, as the case may be, setting forth the following details in respect of every such depositor or debenture holder:-

(a) full name, age, father’s/ mother’s/ spouse’s name, occupation and full residential address;

(b) fixed deposit receipt number or debenture certificate number, as the case may be;

(c) date of maturity;

(d) amount due to the person by the company;

(e) amount already paid by the company, if any;

(f) total amount due as on the date on the application: Provided that where the company is the applicant, it shall file an affidavit stating that the list of depositors or debenture holders, as the case may be, is correct, and that the estimated values as given in the list of the amount payable to such depositors or debenture holders are proper estimates of the values of such debts and claims.

(3) The Tribunal shall pass an appropriate order within a period of sixty days from the date of receipt of application under sub-rule (1):

Provided that the Tribunal shall, before making any order under this rule, give a reasonable opportunity of being heard to the company and any other person interested in the matter.

(a) The Tribunal may, if it is satisfied, on the application filed under sub-rule (1), that it is necessary so to do, to safeguard the interests of the company, the debenture holders or the depositors, as the case may be, or in the public interest, direct, by order, the company to make repayment of such deposit or debenture or part thereof forthwith or within such time and subiect to such conditions as may be specified in the order: Provided that while passing the order, the Tribunal shall consider the financial condition of the company, the amount or deposit or debenture or part thereof and the interest payable thereon.

(5) The application under sub-section (2) of section 74 and sub-section (2) of section 76 read with section 74(2) shall be in  and shall accompanied with the documents as per 

(6) A copy of application under sub-section (2) of section 76 and under subsection (2) of section 74 shall be served on the Regional Director and the Registrar of Companies before the date of hearing.

(7) The Registrar of Companies in consultation with Regional Director shall submit before the Tribunal, the report on the affairs of the company within thirty days from the date of the receipt of the application and Tribunal may consider any observation made by the Registrar of Companies before passing an order.

Annexure B

S.No.Section of the ActNature of PetitionEnclosures to the Petition
1.Sec. 2 (41)Application for change in financial year1.Copy of the memorandum and articles of association.
2. Copy of balance sheet of companies.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
2.Sec. 7 (7)Application to Tribunal where company has been incorporated by furnishing false or incorrect info or by any fraudulent action.1. Copy of the memorandum and articles of association.
2. Document in proof of false or incorrect information or fraudulent action.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
3.Sec. 14 (1)Conversion of public company into a private company.1.Copy of the memorandum and articles of association.
2. Copy of the documents showing that the company ceased to become a public
company.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
4.Sec. 55 (3)Application for issue further redeemable preference shares.1. Copy of the memorandum and articles of association.
2. Documents showing the terms of issue of the existing preference shares.
3. Copy of the Board Resolution and resolution of general meeting for issue of further redeemable preference shares.
4. Copy of the latest audited balance sheet with the profit and loss account of the company with auditor’s report and director’s report.
5. Affidavit verifying the petition.
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
5.Sec. 58 (3) or 59Appeal against refusal of registration of shares; or
Appeal for rectification of register of member.
Where the company is the petitioner.
1. Copy of the memorandum and articles of association
2. Latest audited balance-sheet and profit and loss account, auditor’s report and director’s report.
3. Authenticated copy of the extract of the Register of Members.
4. Copy of the resolution of the Board or Committee of Directors (where applicable)
5. Any other relevant documents.
6. Affidavit verifying the petition.
7. Bank draft evidencing payment of application fee.
8. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
9. Two extra copies of the petition. Where the petition is made by any other person.
1. Documentary evidence in support of the statements made in the petition including the copy of the letter written by the petitioner to the company for purpose of registering the transfer of, or the transmission of the right to, any share, or interest in, or debentures as also a copy of the letter of refusal of the company.
2. Copies of the documents returned by the company.
3. Any other relevant document.
4. Affidavit verifying the petition.
5. Bank draft evidencing payment of application fee.
6. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.
7. Two extra copies of the petition.
6.Sec. 61 (1)Application to Tribunal for consolidation and division of share capital.1. Copies of memorandum and articles of association;
2. Copies of audited balance sheets for past 3 years;
3. Resolution for allowing such consolidation or division and providing justification for the same;
4. Documents in proof of new capital structure and class of shares being consolidated or divided;
5. Affidavit verifying the petition.
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.
8. Two extra copies of the application
9. Any other relevant documents.
7.Sec. 73 (4)Application by deposition (substituted vide NCLT Amendment Rules,2016) depositor for
repayment of deposit or
interest.
1. Copy of the deposit receipt
2. Copy of the correspondence exchanged with the company.
3. Bank draft evidencing payment of application fee.
4. Any other relevant document.
8.Sec. 74 (2)Application to allow further time as considered reasonable to the company to repay deposits.1. Names and addresses of the officers of the company.
2. Full details of small (omitted vide NCLT Amendment Rules,2016) depositors such as names, addresses, amount of deposits, rate of interest, dates of maturity and other terms and conditions of deposits.
3. Reasons for nonpayment or late payment.
4. Annual Reports for the last three years.
5. Projection and cash flow statement for the next three financial years duly certified by Statutory Auditors of the company.
6. Any other relevant document
9.Sec. 97 (1)Application for calling of
Annual General meeting.
1. Affidavit verifying the petition.
2. Bank draft evidencing payment of application fee.
3. Any other relevant document.
10.Sec. 98 (1)Application for calling of
general meeting of company other than annual general meeting
1. Documentary evidence in proof of status of the applicant.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.
5. Any other relevant document
11.Sec. 119 (4)Petition to pass an order
directing immediate inspection of minutes books or directing a
copy thereof be sent forthwith to person requiring it.
1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draftevidencing payment of application fee.
4. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.
5. Any other relevant document.
12.Sec. 131 (1)Application by company for
voluntary revision of financial
statement on Board's report.
1. Audited Financial statements of relevant period;
2. Copies of memorandum and articles of association.
3. The details of the Managing Director,
Chief Financial Officer, directors, Company Secretary and officer of the company responsible for making and maintaining such
books of accounts and financial statement.
3. Where such accounts are audited, documents in proof of the name and contact details of the auditor or any former auditor who audited such accounts.
4. Copy of the Board resolution passed by
the Board of Directors.
5. Affidavit verifying the petition.
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with copy of the Board’s Resolution or the executed Vakalatnama, as the case may be.
8. Any other relevant document.
13. (Inserted vide NCLT Amendment Rules,2016)-Wherever no document is prescribed to be attached with the application or petition, documents as mentioned in next column may be attached, as applicable.1. Document and/or other evidence in support of the statement made in the application or
appeal or petition, as are reasonably open to the petitioner(s);
2. Documentary evidence in proof of the eligibility and status of the petitioner(s) with the voting power held by each of them, wherever applicable;
3. Where the petition is presented on behalf of members, the letter of consent given by them, if applicable;
4. Statement of particulars, showing names, address, number of shares held, and whether all calls and other monies due on shares have been paid in respect of members who have given consent to the petition being presented on their behalf;
5. Where the petition is presented by a member or members authorised by the Central Government, the order of the Central Government authorising the officer(s) or member or members to present the petition shall be similarly annexed to the petition;
6. Affidavit verifying the petition;
7. Evidence regarding payment of fee;
8. Memorandum of appearance with copy of the Board Resolution or the vakalatnama, as the case may be;
9. Three copies of the petition; and
10. Any other documents in support of the case.

 

To view the return,Click Here
To view the annexure scroll down.
To view the return,Click Here
To view the annexure scroll down.
Amended vide National Company Law Tribunal (Amendment) Rules, 2016 notification dated 20.12.2016, 2016. To view the notification,Click Here

5.1.19-Companies (Acceptance of Deposits) Rules, 2014

19. Applicability of sections 73 and 74 to eligible companies.-

Pursuant to provisions of sub-section (2) of section 76 of the Act, the provisions of sections73 and 74 shall, mutatis mutandis, apply to acceptance of deposits from public by eligible companies.

Explanation.- For the purposes of this rule, it is hereby clarified that in case of a company which had accepted or invited public deposits under the relevant provisions of the Companies Act, 1956 and rules made under that Act (hereinafter known as “Earlier Deposits”) and has been repaying such deposits and interest thereon in accordance with such provisions, the provisions of clause (b) of sub-section (1) of section 74 of the Act shall be deemed to have been complied with if the company complies with requirements under the Act and these rules and continues to repay such deposits and interest due thereon on due dates for the remaining period of such deposit in accordance with the terms and conditions and period of such Earlier Deposits and in compliance with the requirements under the Act and these rules;

Provided further that the fresh deposits by every eligible company shall have to be in accordance with the provisions of Chapter V of the Act and these rules;


5.1.20-Companies (Acceptance of Deposits) Rules, 2014

20. Statement regarding deposits existing as on the date of commencement of
the Act.-

For the purposes of clause (a) of sub-section (1) of section 74, the statement shall be in

Date for filing Form DPT-4 extended upto 31 August 2014 by circular 27/2014 dated 30 June 2014.To view the clarification,Click Here.To view the return,Click Here

Companies (Removal of Difficulties) Fourth Order, 2014 [S.O. 1460 (E)] dated 06/06/2014


Commencement Notification dated 05.07.2018 w.e.f., 15.08.2018


Enforcement Notification [SO 1459 (E)] dated 06/06/2014


Enforcement Notification S.O. 902(E) dated 26/03/2014


National Company Law Tribunal (Amendment) Rules, 2016 [G.S.R 1159(E)] dated 20/12/2016


The Companies (Amendment) Act, 2017 (Effective from 03.01.2018)


General Circular 05/2015


General Circular 09/2015


General Circular 27/2014


Form DPT-4 Statement regarding deposits existing on the commencement of the Act

 


Form NCLT 1-Original Application / Reply / Rejoinder / Interlocutory Application or filing of additional documents under directions of the Bench


Form NCLT 11


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