Format of Auditor Certificate in Form DPT-3

Format of Auditor Certificate in Form DPT-3

As per Sub Rule 3 of Rule 16A of Companies (Acceptance of Deposits) Amendment Rules, 2019 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 the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014”.

Auditor Certificate is one of the mandatory attachment of Form DPT-3.

Format of Auditor Certificate in Form DPT-3 is given below for reference:

Format of Auditor Certificate in Form DPT-3

On the Letter Head of the Auditor

This is to be certified that Ms. ______________________[Name of the Company] a Company incorporated under Companies Act, 2013 and having its registered office situated at ___________________has below mentioned “outstanding receipts of money or loan, which have been taken from 1st April, 2014 and are outstanding as on 22nd January, 2019. 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.

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 ____________________________ (Auditor name)

Chartered Accountants

ICAI Firm Registration Number-XXXXX

Partner Membership Number-XXXXX

Place:

Date:

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Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. In no event shall I shall be liable for any direct, indirect, special or incidental damage resulting from, arising out of or in connection with the use of the information.

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Author Bio
Name : Pratibha Goyal
Qualification : Chartered Accountant
Company Name : Studycafe.in
Designation : Chartered Accountant
State: Delhi
City : Delhi
Bio : The Author is a qualified Chartered Accountant. For any queries comment below. All your Queries will be addressed. You can also ask your queries on https://studycafe.in/forums

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6 Comments

  1. 1

    Whether Auditor Certificate required to be printed on Company Letter Head or on Auditor Letter Head as in my opinion it should be on Auditor Letter Head as he is giving the declaration for the same on behalf of the Company.

  2. 3

    Does the auditor mean stat auditor or can it be any other audit firm independent of the stat auditor that certifies this form?

  3. 4

    Since the Accounts for the year 2018-19 is not completed, which period of Audited Accounts shall be given ?

    • 5

      As per my Opinion, Either it should be filed after finalisation Of loan account or after completing the audit.

  4. 6

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