DPT-3 RETURN OF DEPOSITS
Pursuant to Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014
-every Company to which these rules apply;
-shall on or before the 30th June, of every year;
-file with the Registrar, a return of deposits or particulars of transaction not considered as deposit or both in Form DPT-3;
-along with such fees as applicable;
-and furnish the information (duly audited) as on the last day of the F.Y. i.e., 31st day of March.
As per Section 2(31) of the Companies Act, 2013, deposit includes any receipt of money by way of
but does not include such categories of amount *as may be prescribed in consultation with the Reserve Bank of India.
*The list of categories of receipt of money or loan by a Company which shall not be considered as deposits is prescribed in Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014.
Applicability & Non-applicability:
Every Company is required to file Form DPT-3, except:
Statutory Auditor’s Certificate is required to be attached with the form only in the case when a return of deposits is filed i.e., the purpose of filing the form is either of the two:
However, as a prudent practice the figures submitted in DPT-3 needs to be verified by a professional including auditor of the Company.
There is no requirement of certification by CA/CS/CMA in Practice.
DPT-3 is a non-STP form, which means that it needs approval of the ROC.
Incorrect Prefill of Object Clause:
Upon prefill, if the object clause as appearing in the form doesn’t match the actual object clause of the Company, then in that matter stakeholders are advised to completely IGNORE it and avoid raising any tickets in regards to the same. Further, it is advisable to attach a clarification letter regarding incorrect display of object clause on the letter head of the Company duly signed by a director along with a copy of the MOA.
Figures to be mentioned in the case of newly incorporated Cos.:
If no audited accounts are available for the previous year, then filing the form with unaudited figures would suffice the purpose.
In such a case it is advisable to attach a clarification letter regarding usage of unaudited/provisional figures along with the reason, on the letter head of the Company duly signed by a director.
There’s no requirement of filing NIL return.
Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary providing Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.
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