File Return of Deposits in Form DPT-4 before 30th June 2014
As per Section 74(1) of Companies Act, 2013 every Company is required to file Return of Deposits in Form DPT -4 along with Auditor’s Certificate thereon within three months from the commencement of Companies Act, 2013 i.e. on or before 30th June 2014.
Form DPT -4 Shall be filed with E-Form GNL-2 which shall also contain List of Depositors and Auditors Certificate.
The Form DPT-4, List of Depositors and Auditors Certificate shall be scanned and attached to e-Form GNL-2 (Circular No. 09/2014 dated 25.04.2014) which shall be filed on MCA-21 site. The Due date for filing the same is 30th June -2014.
We are Attached herewith the format of following :
i) Download Excel Format of Form DPT-4 and format of List of Depositors
iii) Download Word Format of Auditors Certificate.
Further, company is required to ensure repayment of such deposit on or before 31.03.2015 or date of repayment, whichever is earlier.
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Extract of Section 74 of the Companies Act, 2013
74. Repayment of deposits, etc., accepted before commencement of this Act.
(1) Where in respect of any deposit accepted by a company before the commencement of this Act, the amount of such deposit or part thereof or any interest due thereon remains unpaid on such commencement or becomes due at any time thereafter, the company shall—
(a) file, within a period of three months from such commencement or from the date on which such payments, are due, with the Registrar a statement of all the deposits accepted by the company and sums remaining unpaid on such amount with the interest payable thereon along with the arrangements made for such repayment, notwithstanding anything contained in any other law for the time being in force or under the terms and conditions subject to which the deposit was accepted or any scheme framed under any law; and
(b) repay within one year from such commencement or from the date on which such payments are due, whichever is earlier.
(2) The Tribunal may on an application made by the company, after considering the financial condition of the company, the amount of deposit or part thereof and the interest payable thereon and such other matters, allow further time as considered reasonable to the company to repay the deposit.
(3) If a company fails to repay the deposit or part thereof or any interest thereon within the time specified in sub-section (1) or such further time as may be allowed by the Tribunal under sub-section (2), the company shall, in addition to the payment of the amount of deposit or part thereof and the interest due, be punishable with fine which shall not be less than one crore rupees but which may extend to ten crore rupees and every officer of the company who is in default shall be punishable with imprisonment which may extend to seven years or with fine which shall not be less than twenty-five lakh rupees but which may extend to two crore rupees, or with both.