DPT – 3 (RETURN OF DEPOSITS)
MCA vide notification dated 22nd January 2019 introduced Rule 16 and Rule 16A under Companies (Acceptance of Deposits) Rules, 2014 which makes mandatory for every company except Government Company to file one time and annual return of outstanding deposit, money or loan received by company.
The companies with zero transaction are not required to file DPT-3 because the rule 16A applies to companies which have received the money not recognized as deposits.
COMPANIES WHICH ARE REQUIRED TO FILE DPT-3:
Form DPT-3 is applicable to every company except Government companies and other companies exempted by Central Government. Form is applicable for following classes of company
Private Limited Company
Public Limited Company
One Person Company
Section 8 company
COMPANIES WHICH ARE NOT REQUIRED TO FILE DPT-3:
There are certain companies which are not required to file the Form DPT–3. The list of the companies is as follows;
Non-Banking Finance Companies (NBFC)
A housing finance company
The above companies are not required to file because the new rule gets power from section 73, and the above exemptions are provided in section 73 itself.
Procedure For DPT-3
Documents Required For DPT-3
- Auditor’s certificate;
- List of depositors;
- Other optional details
In case of only non-deposit amount there is no need to attach Auditor Certificate.
As per webinar of MCA, there is no need to file e-form DPT-3 for NIL Return either one time or Annual both.
Amount receive from shareholder shall be mention in column No 9 & 10 i.e. Deposit. Loan from shareholder shall be considered as Deposit.
Yes amount of loan along with accrued interest need to mention in e-form DPT-3.
As per Act, Deposit rules not applicable on NBFC Companies therefore no need to file DPT-3 for NBFC Companies.
Date of closing of account shall be 31st March, 2019.
As per DPT-3 “Net Worth as per the latest audited balance sheet” Therefore, if Balance sheet of 31.03.2019 is audited then figure of 31.03.2019. However, if Financial of 31.03.2019 not audited then figures as per financial statement as on 31.03.2018 need to mention in form.
The same required to mention in column No. 15(c) (i)
The same required to mention in column No. 15 (c) (i)
As per language of Rule 16A, Rule states about outstanding amount as on 31.03.2019. Therefore, one can opine that outstanding as on 31.03.2019 required to mention in one-time form.
“Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014”
Raise ticket on MCA. In case ticket not get resolved can do the following:
Attach copy of MOA along with clarification letter in the form.
“Return of Deposit and Particulars of transactions by a company not considered as deposit”. In this case “Auditor Certificate” is mandatory to attach.
Certificate in DPT-3 must be obtained from the Statutory Auditor of the Company.
Yes in such case companies are required to make payment of additional fees on the same.
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