One-time Return of deposits (Form DPT 3) to be filed by Every Company
According to the Rule 16 of Companies (Acceptance of Deposits) Rules, 2014, Every Company which is eligible to receive deposits is required to file a return once in a year in Form DPT 3. The due date of the filling of the form is 30th day of June of every year. (That means every company which received deposits during the year or having such deposits in its financial statements as on 31st March of any financial year, shall file a return of Deposit in Form DPT-3 on or before 30th June of every year.)
On 22nd January, 2019 Ministry of Corporate Affairs issued a notification vide G.S.R. 42(E) with a few amendments under the deposit rules. In rule 16 the following explanation shall be inserted:-
Provision:- 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.
In rule 16A, sub-rule inserted as follows:
Provision:- 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 the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014
Earlier the form DPT-3 was being filed for only those transactions which were covered under the definition of Deposits as per the Rule 2 of Companies (Acceptance of Deposits) Rules, 2014.
Now Ministry Notified that, the form DPT-3 should be filed for the purposes as follows:-
(1) Those transactions which are covered under the definition of Deposits and;
(2) Those transactions which are not considered deposits in terms of clause (c) of sub-rule 1 of rule 2 under the definition of Deposits.
Every Company except Government Companies, having outstanding any kind of money received or loan received which is not considered as deposits because of the exemption extended under clause (c) of sub-rule 1 of rule 2 definition of Deposits, shall file a onetime return to the respective Registrar of Companies with in ninety days from the date of Notification.
(Outstanding receipt of money or Loan means “The closing balance as on date of notification of amount received which are not covered under deposits taken by Companies from the date of 1st April, 2014 to date of notification”.
Period covered for the return in Form DPT 3:-
The period for which Companies need to file return is approximately 5 years from the date of 1st April, 2014 to date of 22nd January, 2019.
Who will file the return in Form DPT 3?
Every Company except Government Company shall file this onetime return with respective Registrar of Companies.
All government Companies are exempted under this notification.
Last date of filling Form DPT 3:
22nd April, 2019