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.
Link: https://taxguru.in/company-law/companies-acceptance-deposits-amendment-rules-2019.html
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:
| Mandatory Auditor Certificate | Not Mandatory – Auditor Certificate |
| if the Form is filed
• “return of Deposits” or • “return of Deposits as well as Exempted Deposits” |
if the e-Form is filed as the
• “return of Exempted Deposits” (whether as one-time return or annual return) |
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.
Certificate Under Rule 16 of the Companies (Acceptance of Deposits Rules, 2014
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
Annexure – A
| Sl.
No. |
Particulars | Amount |
| a. | Amount received from – | |
| (i) the Central Government; or | ||
| (ii) a State Government; or amount received from any other source whose repayment is guaranteed by the Central Government or State Government; or | ||
| (iii) amount received from a local authority; or | ||
| (iv) amount received from statutory authority constituted under an Act of Parliament or a State Legislature. | ||
| b. | Amount received from – | |
| (i) Foreign Governments; or | ||
| (ii) Foreign or international banks; | ||
| (iii) Multilateral financial institutions; | ||
| (iv) Foreign Governments owned development financial institutions; | ||
| (v) Foreign export credit agencies; | ||
| (vi) Foreign collaborators; | ||
| (vii) Foreign body corporates; | ||
| (viii) Foreign citizens; | ||
| (ix) Foreign authorities or; | ||
| (x) Persons residents outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999). | ||
| c. | Amount received as – | |
| i) A loan or facility from any banking company; or | ||
| (ii) From the state Bank of India or any of its subsidiary banks; or | ||
| (iii) From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949); or | ||
| (iv) A corresponding new bank as defined in clause(d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); or | ||
| (v) From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934). | ||
| d. | Amount received as loan or financial assistance from – | |
| (i) Public Financial Institutions notified by the Central Government; or | ||
| (ii) Any regional financial institutions; or | ||
| (iii) Insurance companies; or | ||
| (iv) Scheduled Banks as defined in the Reserve Bank of India Act,1934 (2 of 1934). | ||
| e. | Amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India. | |
| f. | Amount received by the company from any other company. | |
| g. | Amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of securities applied for. | |
| h. | Amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company. | |
| i. | (A) Amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking pari passu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company; or | |
| (B) bonds or debentures compulsorily convertible into shares of the company within ten years. | ||
| j. | Amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India. | |
| k. | Amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit. | |
| l. | Non-interest bearing amount received and held in trust. | |
| m. | Amount received in course of , or for the purposes of the business of the company– | |
| (i) As an advance for supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance. | ||
| (ii) As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement. | ||
| (iii) As security deposit for performance of the contract of supply of goods or provision of services. | ||
| (iv) As advance received under long term projects for supply of capital goods except those covered under item (b) of sub- clause (xii) clause (c) of sub- rule (1) of rule (2) of the Companies (Acceptance of Deposits) Rules, 2014. | ||
| (v) As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less. | ||
| (vi) As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government. | ||
| (vii) As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications. | ||
| (viii) Amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution. | ||
| (ix) Amount received by a Nidhi company in accordance with the rules made under section 406 of the Act. | ||
| (x) Amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982). | ||
| (xi) Amount received by company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India. | ||
| (xii) Amount of twenty five lakh rupees or more received by a start up company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person. | ||
| (xiii) Amount received by a company from – | ||
| (A) Alternate Investment Funds; | ||
| (B) Domestic venture Capital Funds; | ||
| (C) Infrastructure Investments Trusts; | ||
| (D) Real Estate Investment Trusts; | ||
| (E) Mutual Funds registered with the Securities and Exchange Board of India. |
For___________ (name of the Firm)
Chartered Accountants
ICAI Firm Registration Number____________
_____________________________(sign.)
Name
Membership Number__________________
UDIN_______________________________
Place:
Date:
Disclaimer: The contents of this article are for information purposes only and does not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up. The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.
Author Bio
Further i would to edit that:
The Auditor’s Certificate is mandatory only in case of return of deposits.
For filing particulars of transactions not considered as deposits information contained therein as on 31st March of that year need not be from the duly audited Financial Statement.
Only in case of Return of Deposit information contained therein as on 31st March of that year should be from duly audited financial statement of the company.
In Simple Word, Auditor certificate is not required which is not amounting to deposit as per rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014. i.e exempted deposit.
Clarified by MCA in the month of June 2019
Regards
CS Lalit Rajput