Companies (Acceptance of Deposits) Amendment Rules, 2019 – FORM DPT-3 (Return of Deposits)

1) INTRODUCTION:

Ministry of Corporate Affairs (MCA) vide its notification dated 22nd January, 2019, hereby makes rules to amend Companies (Acceptance of Deposit Rules), 2014. These Rules may be called as COMPANIES (ACCEPTANCE OF DEPOSIT) AMENDMENT RULES, 2019.

2) DATE OF ENFORCEMENT:

The above enumerated Rules shall come into force on the date of their publication in the Official Gazette.

3) INSERTIONS/AMENDMENTS:

a) In the Companies (Acceptance of Deposit) Rules, 2014, after the words “Infrastructure Investments Trusts”, the words “REAL ESTATE INVESTMENT TRUSTS” shall be inserted.

b) In Rule 16, the following particulars shall be inserted:

“It is hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every Company other than Government Company”

4) APPLICABILITY AND TIME PERIOD:

Every Company other than Government Company

The above mentioned Company’s shall file a onetime Return of Outstanding Receipt of Money or loan by a Company but not considered as Deposits, as enumerated in “form DPT-3 within 90 days” from the date of the Notification issued by MCA on 22nd January, 2019.

5) IMPORTANT PARTICULARS OF FORM “DPT3”:

a) CIN, Name, Registered Office & E-mail id of the Company.

b) Purpose of the Form, Type of the Company, Objects of the Company.

c) Date of Last Closing of Accounts, Net worth as per the Latest Audited Balance sheet preceding the date of the Return.

d) Total No. of Deposit Holders as on 1st April, Particulars of Deposits.

e) Amount of Deposits that have matured but not claimed.

f) Amount of Deposits that have matured & claimed but not paid.

g) Particulars of Liquid Assets

h) Particulars of Charge

i) Total amount of outstanding money or loan.

j) Particulars of Receipt of money or loan by a Company but not considered as deposits, at the end of financial year, in terms of clause(c) of sub-rule 1 of rule 2 of the Companies (Acceptance of Deposits) Rules, 2014.

k) Attachments:

i) Auditor’s Certificate

ii) Copy of instrument creating charge

iii) List of Depositors

iv) Details of Liquid Assets

v) Optional Attachment, if any.

6) FEES:

As Provided in the Companies (Registration Offices & Fees) Rules, 2014.

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9 Comments

  1. NISHTHI DHARMANI says:

    I have query that we took unsecured loan from directors and repaid with 90 days( within the same financial year), so do we need to file DPT 3.

    Members pls help…

  2. Vivek says:

    Hi,
    Is there any format in which Auditors certificate is to be taken for filing of DPT 3. Also, there is requirement to report Liquid Assets , what data is to be submitted under this point.

    Under point 15, it is been mentioned that advances received against supply of goods or services on the reporting data, whether at the reporting date, one has to adjust first the income accrued till that date and balance to be reported for this requirement.

    1. SALONI NAIDU says:

      Hi,

      1) There is no prescribed format of the Auditor’s Certificate for the said Purpose.

      2) The Following data has to be submitted under the particulars Liquid Assets:
      a) Amount of Deposits that are due for maturity in the next F.y. & the year following the next F.Y.
      b) Amount required to be Invested in the Liquid Assets.
      c) Amount in Current or other Deposit Account free from charge or lien with any scheduled Bank.
      d) Unencumbered Securities of Central/ State Government
      e) Unencumbered Trust Securities.

  3. Madhur Bihani says:

    Does Auditor’s certificate means that the certificate should be from statutory auditor? Or any CA certificate can be obtained?

  4. Madhuri says:

    The existing DPT 3 does not have the provision to enter the particulars of transactions not considered as deposits, as mentioned in your point “j” above.
    The existing form is last updated in August 2018.

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