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All about Form DPT-3

What is Form DPT-3?

As given in Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014 DPT-3 is a return of outstanding receipt of money or loans taken by a company which is not considered as deposits.

DPT-3 will be filed in two ways

  1. One-time return
  2. Regular return

Who is required to file?

All companies (Private, Public, OPC, small company, Section 8 Company, etc.) except Government companies, Non-Banking Finance Company, Insurance, and banking companies are required to file DPT-3.

Note: – If the company has not accepted any loan or not having any outstanding amount as on 31.03.2019, form DPT-3 need not to be filed.

 

What is the due date of filing of Form?

  • For one-time return: – The due date of filing of DPT-3 is 29th June 2019 (90 days from 30th March 2019)
  • For regular return: – 30th June of every year.

Requirement: Filing of DPT-3 is required for both secured and unsecured outstanding money which is not considered as deposits.

It is also noted that if a company owes money from its holding or subsidiary or associates company and such money is outstanding on the date of filing of DPT-3. It is advisable to give the details in of such transactions in DPT-3.

Period of ‘outstanding receipt of money or loan:

  • The details of deposits from 1st April 2014 to 31st March 2019 shall be filed with the one-time return.
  • Regular return is to be filed for every Financial Year which starts from the 1st day of April every year and ends on the 31st day of March next year.

What are the details to be filled in the form?

Here is the list of details to be filed in form DPT-3

  1. Net Worth as per the audited balance sheet preceding the date of the return.
  2. The total number of deposit holders as on 1st April.
  3. The total number of deposit holders at the end of the financial year.
  4. Particulars of deposits (In Rs.).

(a) Amount of existing deposits as on 1st April.

(b) Amount of deposits renewed during the year.

(c) Amount of deposits accepted during the year.

  • Secured deposits
  • Unsecured deposits

(d) Amount of deposits repaid during the year.

(e) Amount of deposits outstanding at the end of the year.

  1. Amount of deposits that have matured but not claimed.
  2. Amount of deposits that have matured and claimed but not paid.
  3. Particulars of liquid assets.
  4. Particulars of Charges
  5. Credit ratings obtained.

What are the documents required to be attached in form DPT-3?

Auditor’s Certificate only in some cases as discussed below.

Which are the transactions which are taken into consideration for the purpose of DPT-3?

  • Amount received from the central government, state government foreign governments.
  • Amount received from foreign banks.
  • The amount received a loan from banks, banking companies.
  • Amount received as loan from Public Finance institutions, any regional Financial Institutions or insurance companies or scheduled banks.
  • Amount raised through the issuance of commercial paper.
  • Intercorporate deposits.
  • Amount received as subscription money for securities pending allotment.
  • Amount received from directors/ relative of directors in case of a private company.
  • Amount raised by the issue of secured bonds/ debentures.
  • Amount raised through the issuance of unsecured listed NCDs.
  • Non-interest bearing security deposit received from employees.

Note: You can refer Rule 2 of Companies Acceptance of Deposits Rules, 2014 for detailed analysis by this link http://ebook.mca.gov.in/Default.aspx?page=rules.

Is Certificate of Auditor mandatory?

Certificate of Auditor is mandatory in case of –

  • Return of Deposit
  • Return of Deposit and Particulars of transactions by a Company not considered as a deposit.

Who will sign the form?

Following persons can digitally sign the form

  • Director of the company
  • CEO
  • CFO
  • Manager
  • Company Secretary

What are the Consequences of Non Filing?

If not filing of Form DPT-3 within due dates. ·         Penalty of Rs. 5,000

·         Rs. 500 per day in case of continuing default, on the company and its officers in default.

If does not file DPT-3 and still accepts deposits. ·         It shall repay the amount of deposits together with the due interest

·         Fine of Rs 1 Crore or twice the amount of deposits (whichever is lower) but the same may extend to Rs 10 Crore.

·         Every officer who is in default shall be chargeable with a fine of Rs 25,000 to Rs 2 Crore and imprisonment up to 7 years.

 

 It is also noted that if there are any willful defaults found, Company and its officer are liable under section 447 of Companies Act 2013.

 

Fee applicable

  1. A company having share capital
Nominal Share Capital Fee applicable
Less than 1,00,000 Rs. 200/ document
1,00,000 to 4,99,999 Rs. 300/ document
5,00,000 to 24,99,999 Rs. 400/ document
25,00,000 to 99,99,999 Rs. 500/ document
1,00,00,000 or more Rs. 600/ document
  1.  A company having share capital

Rs. 200 / document

Additional fee

Untitled 2 TaxClue

Source : www.mca.gov.in

 
TaxClue Teamhttp://taxclue.in
Taxclue is an online news portal for reporting all news, articles, judgments, Circulars, orders, and notifications relating to various corporate and tax laws in India. We use the tagline ‘Simplifying Laws’. Our mission is to Simplify the Laws and make people aware of their rights and duties in relation to tax matters in order to equip them to participate in nation-building.

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