DPT-3 is a return of Deposits or particulars of transaction not considered as deposit or both which is to be filed by every company, other than Government Company on or before 30.06.2019.
The purpose of filing DPT-3 is to provide the information to Registrar of Company about the loan/money received by the Company.
The Form DPT-3 is to be filled online, available on MCA portal.
E- Form DPT-3 contains four radio buttons as follows:
® Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014
® Return of Deposit
® Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014
® Return of Deposit and Particulars of transactions by a company not considered as deposit
The company needs to file the return by selecting the radio buttons as per the company requirements.
The compulsory requirement of Auditors Certificate is required in case of above mentioned radio button 2 and 4, otherwise it is optional as per the webinar held on 17th June,2019 .
The Nil return is not compulsory to be filed but there is mixed judgement on the same.
The company needs to report the outstanding amount of money/loan received as on 31.03.2019
The other important thing is to fill the net worth of the Company as on 31.03.2019, for which following calculation can be done:
A (paid up share capital + Free Reserves+ Securities Premium Account)
B (Accumulated losses + Balance of Deferred revenue expenditure + Accumulated unprovided depreciation + Miscellaneous expenditure and preliminary expenses + other intangible assets)
Net worth = A- B
Now the question arises of whether the money/loan received by the company to be treated as deposit or not, for this we need to study rule 2(1)(c) of Companies (Acceptance of Deposit) Rules,2014.
Rule 16A has been inserted in the Companies (Acceptance of Deposit) Rules, 2014 which states that
1) Every Company other than a private Company, shall disclose in its financial statement, by way of notes, about the money received from the director.
2) Every private company shall disclose in its financial statement, by way of notes, about the money received from the directors, or relatives of directors.
3) 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]