Vide Companies (Acceptance of Deposits) Amendment Rules, 2022 MCA provides for complete reconciliation of each item in DPT-3 to be provided as opening, addition, repayment, adjustment and closing balance as well as Aging and it further notified revised Form DPT-3 and Form DPT-4.
Analysis by Corporate Laws & Corporate Governance Committee of ICAI
Amendment in the Companies (Acceptance of Deposit) Rules, 2014 relating to Acceptance of money by way of deposit or loan from the public.
This is to inform you that the Ministry of Corporate Affairs vide its notification dated 29th August 2022 has amended Rule 16 of Companies (Acceptance of Deposit) Rules, 2014 regarding return of deposit to be filed with the Registrar of Companies.
The amendments are as follows:
1) Rule 16 which states “Return of deposits to be filed with the Registrar” has been amended to say that the auditor of the company has to submit a declaration in form DPT-3 while filing a return.
2) Particulars of Form DPT-3 have been amended and have been substituted with new form DPT-3
3) Particulars of Form DPT-4 have been amended and have been substituted with new form DPT-4.
Full text of the Notification is as follows:-
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
New Delhi, the 29th August, 2022.
G.S.R. 663(E).— – In exercise of the powers conferred by clause (31) of section 2, section 73 and section 76 read with sub- sections (1.) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Acceptance of Deposits) Rules, 2014, namely:‑
1. Short title and commencement.- (1) These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Acceptance of Deposits) Rules, 2014,‑
(a) in rule 16, after the words “auditor of the company”, the words, letters and figure “and declaration to that effect shall be submitted by the auditor in Form DPT-3” shall be inserted;
(b) in the Annexure, for Form DPT-3 and Form DPT-4, the following shall be substituted, namely: –
Form No. DPT-3
Return of deposits
(Pursuant to rule 16 and rule 16A of the Companies (Acceptance of Deposits) Rules, 2014]
Form No. DPT-4
Statement regarding deposits existing on the commencement of the Act
(Pursuant to rule 20 of the Companies (Acceptance of Deposits) Rules, 2014]
[F.No. 01/8/2013 CL-V(Vol.VI)]
Joint Secretary to the Government of India
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 256(E), dated the 31st March, 2014 and were subsequently amended vide notification numbers –
(1) G.S.R. 386(E), dated the 6th June, 2014;
(2) G.S.R. 241(E), dated the 31st March, 2015;
(3) G.S.R. 695(E), dated the 15th September, 2015;
(4) G.S.R. 639(E), dated the 29th June, 2016;
(5) G.S.R. 454(E), dated the 11th May, 2017;
(6) G.S.R. 1172(E), dated the 19th September, 2017;
(7) G.S.R. 612(E), dated the 5th July, 2018;
(8) G.S.R. 42(E), dated the 22th January, 2019;
(9) G.S.R. 341 (E), dated the 30th April, 2019;