Requirement to File FORM DPT – 3 by EVERY COMPANY other than Government Company
MCA vide notification dated January 22, 2019, makes the following rules for filling of Form DPT-3 by every Company as Return of Deposit or Particulars of Transaction not considered as Deposit or Both.
Introduction and Effect of Explanation of Rule 16 of Companies (Acceptance of Deposits) Amendment Rules, 2019:
APPLICABILITY
Every Company to which Companies (Acceptance of Deposits) Rules, 2014 Applies.
RULE 16 (Before insertion of Explanation)
Every company to which these rules apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 3Ist day of March of that year duly audited by the auditor of the company.
RULE 16 (After insertion of Explanation)
Revised Applicability and Effect:
Every Company, Other Than Government Company, to which Companies (Acceptance Of Deposits) Rules, 2014 Applies, shall have to File Form DPT-3.
FORM DPT-3 SHALL BE USED AFTER INSERTION OF EXPLANATION.
Return of Deposit or Particulars of Transaction not considered as Deposit or Both.
DUE DATE
On or before the 30th day of June, of every year.
RULE 16(A)(Effect of Insertion of New Sub-Rule(3))
Every company (Other than Government Company) to which these rules apply, shall file a one-time 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.”
NOT APPLICABLE
i. Government Company.[Section 2(45) of the Companies Act, 2013]
ii. Every Company to which Companies (Acceptance Of Deposits) Rules, 2014 do not Apply.
PERIOD
01st April, 2014 to 22nd January, 2019 (i.e. the Date of Publication)
DUE DATE
22nd April, 2019(i.e. NINETY days from 22nd January, 2019)
Sources for your ready reference:
1. MCA UPDATE : Acceptance Deposits Amendment Rule
2. mca.gov.in
3. Previous Rule 16 of Companies(Acceptance of Deposits) Rules, 2014
4. Deposit as defined under Rule 2(1)(c)
Author Bio
What about Pvt Ltd Company which has not seen even the first Audit of Final Accounts i.e. incorporated in 2018-19.
E-form MSME I is not available in MCA site till date. Then how do we file the form within 30 days??
Sir, where is the defination of specified companies explained? Please refer Notification No. S.O. 5621(E): (A) where it states All Companies registered with the Companies Act, 2013 with a turnover of more than Rs. 500 crore or (B) Any Pvt Ltd/ Ltd.company
The moot point here is ” companies to which these rules shall apply”.Hence one view could be taken that yearly return is to be filed by only those companies who accept deposits including private companies who accept deposits from members and other companies who do not accept deposits need not file. However one time return need to be filed by every company other than Govt Company.