Audit requriement for Form DPT 3 Compliance

The Form for this compliance requirement has been deployed on 01 May 2019. This form will be used for both compliances i.e. under Rule 16 and Rule 16A of Companies (Acceptance of Deposits) Rules, 2014. The basic reporting requirements under this Form has been given hereunder:

A. Reporting under Rule 16 (Annual reporting of Deposits & Transactions not considered as Deposits)

This is an annual reporting requirements, due date of filing of which is 30 June each year, where the Form primarily requires reporting of

• Net-worth as per latest audited balance sheet preceding the date of the return
• Details of deposits received as on 31 March
• Details of receipt of money or loan by a company but not considered as deposits, at the end of financial year (i.e. 31 March)

These reporting has to be done on or before 30 June 2019 for the FY 2018-19. Rule 16 specifically requires reporting of information in the said form as on 31 March of the respective year (i.e. for FY 2018-19, reporting of information should be per the balances as on 31 March 2019) which should be duly audited by the auditor of the Company. One may infer that whether all details in the said form is required as on 31 March 2019, i.e. information of balances of Deposits, other than Deposits and also Net worth which should be duly audited by the auditor. Considering this, we have tried to evaluate this provision and Form requirements as under:

• Audited amount of Networth would require the audited Balance Sheet as on 31 March 2019, which according to Company Law is to be produced and accepted by the board in the board meeting and by the by the Members in the AGM of the Company, the time of which is allowed upto 30 September 2019 in the Company Law. Therefore, audited numbers of Networth in the said Form should not pertain to 31 March 2019 and should be reported per the audited numbers of FY 2017-18.
• The said Rule 16 states that ‘Every company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.’ Since the said rule specifically pertains to Return of Deposits and requires reporting of Deposits and Money not considered as Deposits as per Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules,2014,  an homogeneous interpretation of the consolidated reading of the Rules and Requirements of the Form would restrict the audit of numbers pertaining to only Deposits and Other than Deposits which are reported as on 31 March 2019 in the said Form DPT 3.

However, where the audit pertaining to FY 2018-19 is completed before the return DPT 3 is filed, then the said numbers should be considered for the purpose of Networth.

B. Reporting under Rule 16A(3) (One-time reporting of Outstanding Money or Loan not considered as Deposits from 1.04.2014 to 31.03.2019)

The due date of the reporting of this Form is 29 June 2019. The primary reporting requirement under this Form includes the following:

• Net Worth as per the latest audited balance sheet preceding the date of the return
• Total amount of Money or Loan received by the Company but not considered as Deposits under Rule 2(1)(c)

The said Rule pertaining to one-time reporting requirement does not require audited numbers to be reported. However, the form released by the MCA requires attachment of Auditors Certificate. Therefore, one can infer that the said certificate may be restricted to numbers pertaining to amount of Money or Loan received by the Company but not considered as Deposits under Rule 2(1)(c) and the Networth may be reported as per the latest audited balance sheet i.e. 2017-18 or in case audit of 2018-19 is completed, then such number, as the case may be.

Therefore, as a conclusion, numbers pertaining to Deposits & Other than Deposits should be audited and certified by the auditors of the Company.

The above note is a personal view based on interpretation of law and should not be construed as an Opinion in any manner. The MCA should release a clarification in this regard.