Vide Companies (Acceptance of Deposits) Amendment Rules, 2022 MCA provides for a 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 the return of the deposit to be filed with the Registrar of Companies.
On 29th August 2022, the Ministry of Corporate Affairs (MCA) issued the notification regarding the “Companies (Acceptance of Deposits) Amendment Rules 2022” through the exercise of powers conferred under Section 2(31, Section 73, and Section 76 to be read with Section 469 (1) and (2) of the Companies Act, 2013 (18 of2013).
The purpose of the MCA for the implementation of this particular amendment was to amend to rules of acceptance of deposits to bring transparency and enhance the role and responsibilities of statutory auditors.
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 the new form DPT-4.
The full text of the Notification is as follows:-
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 29th of 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]
Companies Acceptance of deposits Rules Amendment-Copy
F.No. 01/8/2013 CL-V(Vol. VI)]
(Manoj Pandey)
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 of September 2015;
(4) G.S.R. 639(E), dated the 29th June 2016;
(5) G.S.R. 454(E), dated the 11th of May 2017;
(6) G.S.R. 1172(E), dated the 19th of September 2017;
(7) G.S.R. 612(E), dated the 5th July 2018;
(8) G.S.R. 42(E), dated the 22nd of January 2019;
(9) G.S.R. 341 (E), dated the 30th April 2019;
(10) G.S.R. 548 (E), dated the 07th of September 2020.