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)

COMPANIES (ACCEPTANCE OF DEPOSITS) RULES, 2019Sources 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

Qualification: CS
Company: NAGDEV & ASSOCIATES
Location: Mumbai, Maharashtra, IN
Member Since: 23 Jan 2019 | Total Posts: 5
Mr. Karan Nagdev is an associate member of Institute of Company Secretaries of India (ICSI) with a Bachelor's degree in Commerce, pursuing Law and having extensive experience of more than 4 years in the area of Company Secretarial Compliances of various Category / Sector of Companies including liste View Full Profile

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4 Comments

  1. karamjit singh says:

    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

  2. Govinda K Patil says:

    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.

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