Return of Deposits

Introduction

MCA vide its notification dated 22nd January 2019 notified that every company other than a government companies must file Return of deposits (DPT 3) to provide information about deposits or money other than depositor outstanding receipt of loan. DPT 3 is required to be filed annually. 

Every company other than government company to which these rules apply, shall on or before the 30^th June of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31^st March of that year duly audited by the auditor of the company.

Form DPT-3    

Purpose of filing Form DPT-3 is to get information of deposit receive by company, compliance of provision of Companies Act, 2013, to keep control on companies from acceptance of loan, deposit , advances.

DPT-3 Form is Return of Deposit that companies file to furnish information about the acceptance of deposite, outstanding loan money.

Due Date of filing Form- DPT-3 is 30^th June of every financial year.

Form DPT -3 is required to file each type of company subject to exemption to certain companies.

Documents required for filing form:

1. List of Depositors
2. Certificate of Auditor
3. Copy of Trust Deed
4. Deposit of Insurance Contract
5. Instrument of generating charge on assets of company
6. Attachment

Applicability of Filing Form DPT-3:

• Form DPT-3 shall required to filed company who have received money, loan amount is due or refund deposit.
• DPT-3 filed by all companies i.e. Public company, Private company, Small company including OPC
• One time return by declaration of outstanding money due which is not deposit as per provision of companies Act,2013.
• Details of companies transaction which is not deemed deposit as per companies ( Acceptance of Deposit ) rule,2014.
• Even if Company receive loan from Holding company, Subsidiary company, associate company it needs to file Form DPT-3.

Non Applicability of Filing Form DPT-3:

Exemption from filing Form DPT-3 to following class of companies:

• Banking Companies
• Housing Finance company
• Non-Banking Companies (NBFC)

If company does not have loan from January 2019, not required to file Form DPT-3 with ROC.

Process of filing Form DPT-3:

1. Gather information:

 It is advisable to gather requisite information and documents before filing Form so that it saves lots of time.

• Download Form:

Download Form DPT-3 from MCA website under heading Company forms.

• Fill Form DPT-3:

Fill the information in Form DIR-3 from relevant sources. Person who is filing form must keep in mind following thinks-

• Select the reason of filing Form DPT-3
  • Choose from private or public company
  • Must fill mandatory information
  • Attach any supporting Documents such as certificate of auditor etc.

• Signing:

After filing all information and attaching all documents it is required to sign Form digitally by Director of Company.

• Upload Form DPT-3 on MCA portal.

Consequences of non filing Form:

If company accept deposit and fails in filing Form DIR-3 then liable for following consequences-

• Penalty on company at least Rs. 1crore or twice the amount of deposit, whichever is lower subject to maximum Rs.10 crore.
• Every officer in default who is in default shall liable for imprisonment upto 7 years and fine not less than 25 lakhs and upto 2 crore.