Introduction
Ministry of Corporate Affairs (MCA) vide its notification dated 22.01.2019 has notified amendment in the Companies (Acceptance of Deposits) Rules 2014 and a new sub – rule 16A(3) was inserted which read as follows:
“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 31st March, 2019, as specified in Form DPT-3 within “ninety days from 31st March, 2019” along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
Latest Update
1. DPT – 3 included under CFSS: The MCA has uploaded a list of 76 forms (including for companies and LLPs) for which the benefit of the Scheme can be availed. MCA E – Form DPT-3 is also included in the list to avail under CFSS.
2. Due Date : 30th September, 2020 (as per CFSS, 2020)
Requirement of Auditor Certificate
Draft Formats of Auditor Certificate
On the Letter Head of the Auditor
Format -1
Certificate
(Under Rule 16 of the Companies (Acceptance of Deposits Rules, 2014)
TO WHOMSOEVER IT MAY CONCERN
1. We have examined the Books of Account as on March 31, 20… and other records maintained by M/s _____ having registered office at _____ in respect of particulars furnished in the Form DPT-3 and certify that to the best of our knowledge and according to the information and explanations given to us and as shown by the records maintained by us, the figures of the deposits under point no. 8 of the form are duly reconciled with books of accounts and are correct.
2. Further the Company has maintained liquid assets in form of fixed deposits with ____ Bank as on ……………………… for an amount of Rs.___ for repayment of deposits in pursuance of provisions of Companies (Acceptance of Deposit) Rules, 2014.
3. Based on our verification of audited books of account period from 01st April, 20……. to 31st March, 20…….. we certify the following that;
a) The Company has outstanding loan from shareholders Rs. __________________.
b) The Company has received advance towards supply of goods amounting to Rs. ____________.
c) The Company has outstanding loan from directors or relative of directors amounting to Rs. ___________.
d) The Company has outstanding loan from any banking institution Rs. _______________.
4. This certificate is issued pursuant to the requirements of clause (31) of section 2 and section 73 of Companies Act, 2013 read with Rule 2(1) (c ) and 16A of Companies (Acceptance of Deposits) Rules, 2014 along with Companies (Acceptance of Deposit) Rules, 2014.
For___________ (name of the Firm)
Chartered Accountants
ICAI Firm Registration Number____________
_____________________________(sign.)
Name
Membership Number__________________
UDIN_______________________________
Place:
Date:
______________________________________________________________________________________________________________________________________________________
Format 2.
This is to be certified that M/s. ___________________ (name of the Company) a Company incorporated under Companies Act, 1956 / 2013 and having its registered office at _________________________has below mentioned “outstanding receipts of money or loan, which have been taken from 1st April, 2014 and are outstanding as on 31st March 20………. (year).
It is further confirmed that these are not considered as deposits, in terms of Rule 2(1) (c) of Companies (Acceptance of Deposits) Rules, 2014 read with Section 73 of the Companies Act, 2013 as stated in
Annexure – A
For___________ (name of the Firm)
Chartered Accountants
ICAI Firm Registration Number____________
_____________________________(sign.)
Name
Membership Number__________________
UDIN_______________________________
Place:
Date:
Disclaimer:
IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.
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