The Ministry of Corporate Affairs vide its notification dated 22.01.2019 notified to furnish the information regarding outstanding receipt of loan or money by every Company other than Government Company.
Accordingly, sub-rule (3) was inserted after sub-rule (2) in Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014 which reads as following:
“Every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to 31st March, 2019, as specified in Form DPT-3 within “ninety days from 31st March, 2019” along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
Further as per Rule 1(3) of The Companies (Acceptance of Deposits) Rules, 2014, these rules shall not applicable on:
(i) a banking company;
(ii) a non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) registered with the Reserve Bank of India;
(iii) a housing finance company registered with the National Housing Bank established under the National Housing Bank Act, 1987 (53 of 1987); and
(iv) a company specified by the Central Government under the proviso to sub-section (1) of section 73 of the Act.
Non-Applicability of filing Form DPT-3:
So one can say that requirement of filing Return of Deposit in Form DPT-3 is mentioned under Rule 16 of Companies (Acceptance of Deposits) Rules, 2014, and therefore it is not applicable on Government Company as well as above mentioned companies.
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