Return of Deposits (DPT-3)
*The price is exclusive of any amount payable to Government/Regulatory Authorities and GST.
Services covered :
- Filling of the Form.
- Uploading the Form.
Document Required :
Auditor’s certificate – Mandatory if purpose ‘Return of Deposit’ or ‘Return of Deposit and Particulars of transactions by a company not considered as deposit’ is selected.
Copy of trust deed – Mandatory if company has trust deed and details of same are mentioned in the form
Copy of instrument creating charge – Mandatory if company has trust deed and details of same are mentioned in the form
List of depositors – List of deposits matured, cheques issued but not yet cleared to be shown separately – Mandatory if company has balance of deposits outstanding at the end of the year.
Details of liquid assets
Optional attachment, if any.
What is Form DPT-3?
DPT-3 form is a one-time return form of loans that has to be filed by a company that has outstanding loans not treated as deposits.
According to the latest Ministry of Corporate Affairs (MCA) Amendments, it is mandatory for all the companies excluding the Government Companies to file a one time return for the outstanding receipts of money which are the loan of the company but are not considered deposits.
Who has to File The DPT-3 Form?
All other companies which include all private limited companies, OPC, limited companies or Section 8 Company Except for the Government companies have to mandatorily file this form.
What are the filling fees of DPT-3?
DPT-3 may be of two varieties, the are as follows:
1. One time return.
2. Annual return.
What are the transactions not considered as deposits?
1. Any amount received from the government or guaranteed by the government, foreign government/foreign bank.
2. Any amount received as a loan or facility from any Public Financial Institutions, Insurance Companies or Banks.
3. Any amount received from a company by a company.
4. Subscription to securities and call in advance.
5. Any amount received from the director of the company or a relative of the director of the Private company, who held the positions at the time of lending.
6. Any amount received by the company from an employee, not exceeding his annual salary under the employee contract such as non-interest bearing security deposit.
7. Any amount received in the course of, or for the purposes of, the business of the company as an advance for the supply of goods or provision of services or as a security deposit for the performance of the contract for the supply of goods or provision of services.
8. Receipt of Rs 25 lakh or more by a start-up company in the form of a convertible note, in a single tranche.
9. Amount raised by the issuing secured bonds or debentures with first charge, non-convertible debentures not having a charge on the assets of the company.
10. Unsecured loans from promoters.
11. Any amount received by the company from Nidhi Company or by way of subscription in respect of chit under the Chit Funds Act, 1982.
12. Any amount received by the company from a collective investment scheme, alternate investment funds or mutual funds registered with SEBI.
13. Any other amount which is not considered as a deposit under Rule 2(1)(c).
Hence any amount whether secured or unsecured and which is outstanding money or loan not considered as deposits must be reported.
What is the due date of filing this form?
As per the Companies (Acceptance of Deposits) Amendment Rules, 2019, all the companies have to compulsorily file the one-time deposit return in E-form DPT-3 within 90 days form the end of Financial Year.
What are the Information required to be furnished?
The Information to be furnished are CIN of the company, email ID, Objects of the company, Net worth of the company, particulars of charge if any, the total amount outstanding as on Date, and his credit rating.
What are the filing fees?
Fees shall be payable as per the Companies (Registration Offices and Fees) Rules.
What are the of consequences of non-filing?
If the company does not meet with the requirements of DPT-3 and keeps accepting deposits then it will face the following consequences . Under Rule 73 A penalty of minimum 1 crore or twice the amount of deposits whichever is lower, which may extend to Rs. 10 crore For every officer who is in default imprisonment up to 7 years and with a fine not less than Rs. 25 lakhs which may extend to Rs. 2 crores. Under Rule 21 On the company and every officer in default a fine which may extend up to Rs. 5,000, and where the contravention is a continuing one, a fine of Rs. 500 for every day since the default.
Who is exempt from filing the return?
Every company except a government company must file this return.
Additionally, as per Rule 1(3) of the Companies (Acceptance of Deposits) Rules 2014, the following companies are also exempt:
1. Banking company.
2. Non-Banking Financial Company.
3. A housing finance company registered with National Housing Bank.
4.Any other company as notified under proviso to subsection (1) to section 73 of the Act.
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