Mandatory MCA Filing for Loans, Convertible Notes etc.

The Ministry of Corporate Affairs (“MCA”) vide its notification dated January 22, 2019 and April 30, 2019 has made the following amendments to the Companies (Acceptance of Deposit) Rules, 2014 (“Deposit Rules”):

1.Annual Filing Requirement

Every public and private company excluding Government Company , is required to file Form DPT-3 (new version notified by the MCA), for transactions that are exempt from the ambit of “Deposit” under the Deposit Rules on or before June 30th of every year. The transactions that are exempt from the ambit of “Deposit” under the Deposit Rules include but are not limited to:

Amounts received from the government or whose repayment is guaranteed by the government;

  • Bank loans;
  • Inter-corporate loans;
  • Share application money;
  • Advance towards allotment of securities;
  • Amounts received by a start-up by issuing convertible notes;
  • Amounts received from Alternative Investment Fund (“AIF”), Domestic Venture Capital Fund, Infrastructure Investment Trusts, Real Estate Investment Trusts and Mutual Funds, etc.

Real Estate Investment Trusts were added to the above definition as a part of the amendments made vide the notification dated January 22, 2019.

In addition to this amendment, a new version of Form DPT-3 has been provided by MCA. Prior to this amendment, only those companies that accepted deposits were required to file Form DPT-3 with the ROC.

2.One-time Filing Requirement by June 30, 2019

Every public and private company excluding Government Company that has an outstanding receipt of money or loan which is exempted from the purview of “Deposit” as per the Deposit Rules, is also required to file a one-time return with the ROC from April 01, 2014 to March 31, 2019 in the new Form DPT-3 notified by the MCA with ROC along with a normal filing fee on or before June 30, 2019.

Trademark Class | What is it all about?

Trademark means a mark or a symbol which is used in trade or business which distinguishes the goods or services of one person (manufacturer /trader or service provider) from those of others. Manufacturers, traders and or service providers adopt various marks which helps their respective customers to identify the source of the mark (from which manufacturer or trader or service provider the goods or services, the goods are, or services are being provided). A trademark class was adopted by the Indian Trademarks Registry where the different goods and services are being classified in order to identify a particular product or service.
The International Class of Goods and Services for the Purposes of the Registration of Marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957.
The Nice Agreement concerning the International Class of goods and services for the purposes of the registration of marks is an international agreement under the aegis of the World Intellectual Property Organisation. Its purpose, as the name suggests, is to provide an internationally recognized class system of goods and services in respect of which trademarks may be registered. India is a member of the Nice Union of countries and the Indian Trade Marks Registry applies this class system.
Under the Nice Classification of goods and services are categorized in classes, each of which relate to a particular field or fields of commercial activity, for example, food and drink, pharmaceuticals, financial services, etc. The classification consists of 34 classes of goods (classes 1 – 34 inclusive) and 11 classes of services (35 – 45 inclusive).
When a trademark is registered, it may be registered in respect of a particular product or service within a class or for several of the goods or services within a class or, indeed, for goods and services in several different classes depending completely on the nature of business. The registration of a mark in respect of specific products or services serves to define the extent of the protection afforded by that registration.
Therefore, before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark.

 FinTech is a new industry that uses technology to improve activities in finance and according to the nature of the business can be classified under
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs and
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
 B2B e-commerce (also written as e-Commerce, eCommerce or similar variants),
short for business-to-business, electronic commerce, is selling products or services between businesses through the internet via an online sales portal. In general, it is used to improve efficiency for companies. Instead of processing orders manually – by telephone or e-mail – with e-commerce orders can be processed digitally.
Class 35 Advertising; business management; business administration; office functions.

Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
 Finance Company
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs

 Bakery
Class 30 bakery items including biscuits / cookies; bread; buns; burritos; cakes;
Class 43 Services for providing food and drink;

 E-commerce Lifestyle Company
Class 24 Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 25 Clothing, footwear, headgear.
Class 35 Advertising; business management; business administration; office functions.
Class 38 Providing Telecommunication Channels for Teleshopping Services Including Online Shopping Services
Class 45 clothing rental, evening dress rental, kimono dressing assistance,
personal wardrobe styling consultancy

 Online Business to trade in retail precious stones, jewellery, digital gold
Class 14 Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.
Class 16 Printed matter in connection with the scheme for deposit of money against the purchase of gold for a specific period.
Class 40 gold plating, nickel plating
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

 CleanTech
Class 9 Scientific And Technological Services And Research And Design Relating Thereto; Design And Development Of Computer Hardware And Software, Nautical, Surveying,Electric, Photographic, Cinematographic, Optical, Weighing, Measuring, Signalling,Checking (Supervision), Life Saving And Teaching Apparatus And Instruments; Apparatus For Recording, Transmission Or Reproduction Of Sound Or Images; Magnetic Data Carriers,Recording Discs; Automatic Vending Machines And Mechanisms For Coin-Operated Apparatus; Cash Registers, Calculating Machines, Data Processing Equipment And Computers; Fire Extinguishing Apparatus.

Class 35 Business Management Services, Consultancy Services in Wind Resources And Marketing Studies, Power Trading, Trade In Certified Emission Reductions/ Energy Efficiency Etc.
Class 37 Installation of Power Projects, Transmission Lines and Repair Services; Services Relating to Installation & Maintenance of Power Projects, Transmission Lines and Repair Services of Roof-Top Solar Solutions for Industrial, Commercial and Residential Consumers.
Class 39 Service Relating to Energy Distribution, Developing and Distributing Energy Generated by Way of Source of Energy Generation.
Class 42 Scientific and Technological Services and Research and Design Relating Thereto; Design and Development of Computer Hardware And Software For Energy Generation And Transmission, Renewable Energy, Wind Energy, Hydel Energy, Solar Energy, Geothermal Energy, Gas Based Projects, Energy Efficiency, Power Projects, Power Plants And Services Relating To Energy.
 Packaging Industry
Class 06 packaging containers of metals; metallic foils for packaging
Class 07 Packaging machines
Class 16 plastic materials for packaging, plastic sheets, sacks and bags for wrapping and packaging; non-absorbent sheets of plastic for foodstuff packaging, plastic film for wrapping and drying; gift packaging; bubble packs for packaging
Class 17 Polyester Film, Metalized Film, Solar Films, Stamping Foil, Plastic Packaging Materials Including Plastic Hand Bags, Plastic Liners and Plastic New Packaging Materials.; plastics in extruded form for use in manufacture, packing, stopping, stopping and insulating materials, flexible pipes, waterproof packing, plastic sheeting for agricultural purposes; rubber packaging
Class 18 Envelopes, of leather, for packaging; pouches of leather for packaging
Class 20 containers of plastic; packaging containers of plastic
Class 21 Industrial packaging containers of glass, Industrial packaging containers of porcelain
Class 22 Woven Polymer Products Viz, Sacks & Bags, Bulk Bags Jumbo Bags, Fibc Bags, Container Liner, Leno Bags, Bopp Bags
Class 23 Polyester Filament Yarn (Pfy)
Class 39 Transport; packaging and storage of goods; travel arrangement.
 Logistics
Class 39 Transportation logistics
Class 41 Training services relating to logistics
Class 42 Design and development of computer software for logistics; Development of computer software for logistics, supply chain management and e-business portals

 Educational Technology
Class 09 Computer Operating Programs Recorded, Computer Peripheral Devices,Computer Programmers Recorded, Computer Programs downloadable Software], Computer Software [Recorded], Computer Software Product.
Class 16 Books and Periodicals, Magazine, Printed Matters, Printed Publications, Printed Time Tables, Brochure Newspaper Periodicals and Stationery
Class 35 Advertising, Dissemination of Advertising Matter, Outdoor Advertising
Class 41 Educational training
Class 42 Scientific and Technological Services and Research and Design Relating Thereto, Industrial Analysis and Research Services, Design And Development Of Computer Hardware And Software; Computer Programming, Computer Software Consultancy,Computer Software Design
 Manufacturing, designing and selling clothes on online portals
Class 23 Yarns and threads, for textile use
Class 24 Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 25 Clothing, footwear, headgear

Class40 cloth edging,cloth cutting,cloth waterproofing / fabric waterproofing,cloth fireproofing / fabric fireproofing/ textile fireproofing, cloth dyeing, cloth pre-shrinking,clothing alteration, colour separation services, crease-resistant treatment for clothing ,custom fashioning of fur, custom tailoring, custom assembling of materials for others,dressmaking, dyeing services, fabric bleaching, fulling of cloth, fur conditioning,fur moth proofing, fur glossing, fur staining, fur dyeing, leather staining, leather working,permanent-press treatment of fabrics, quilting, sawing of materials, shoe staining,textile dyeing, textile treating / cloth treating, textile mothproofing, wool treating

Class 45 clothing rental, evening dress rental, kimono dressing assistance,
personal wardrobe styling consultancy

PS: Please note the above-mentioned classes is only a reference. Each company will have a different classes solely depending upon the nature of business of that individual company.
For detail list of class of goods and services, you can also check the NICE classes website