Whats is Form DPT-3 in ROC Compliances of Companies

What is Form DPT-3 ?

The e Form DPT-3 is a Return of Deposits that has to be filed by a company online on the MCA website for reporting outstanding loans not treated as deposits.

Form DPT-3 filing is mandatory for all companies other than a Govt. company. Hence, all Private Limited Companies, OPC, Limited Company, or Section 8 Company have to file Form DPT-3.

Law(s) Governing the e Form DPT-3

eForm DPT-3 is required to be filed pursuant to rule 16 and 16A of the of the Companies (Acceptance of Deposits) Rules, 2014 which are reproduced for your reference.

Rule 16: Return of deposits to be filed with the Registrar:

Every company other than Government 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 31st day of March of that year duly audited by the auditor of the company.

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.

Rule 16(A) (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]

Who is exempt from filing the Form DPT-3 return?

Every company except a government company must file this return. Additionally, as per Rule 1(3) of the Companies (Acceptance of Deposits) Rules, 2014, the following companies are also exempt:

-Banking company

-Non-Banking Financial Company

-A housing finance company registered with National Housing Bank

-Any other company as notified under proviso to subsection (1) to section 73 of the Act

Purpose of Form DPT-3

I. 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

II. Return of Deposit

III. Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposits) Rules, 2014

IV. Return of Deposit and Particulars of transactions by a company not considered as deposit.

Explanation of above four points

I. 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

By selecting the first button one can 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.

II. Return of Deposit

By selecting the second button one can file a return of deposits which asks Total Number of deposit holders during the Financial Year, and particulars of deposits along with deposits matured.

III. Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposits) Rules, 2014

Generally, every private Companies select the third button for their compliances.

The reason is that a Private Company cannot accept deposits from general public so in this option then can feed the figures of exempted deposits like

Transactions not considered as deposits

> Amount recent from the government or foreign government or foreign bank or the amount guaranteed by the government.

> Money received as loan or facility from any Public Financial Institutions or Insurance companies

> The amount received by a company from a company

> Amount of science from the director or the company

> Subscriptions to securities

> Unsecured loans

> The amount received by the company from an employee

> The amount received as advance by the company for the supply of goods or provision of services.etc

IV. Return of Deposit and Particulars of transactions by a company not considered as deposit.

By selecting this last button one can file a both the transactions i.e deposits and exempted deposits. Any Company which has both the transactions during the Financial Year opt this option to File Form DPT-3.

Due Date of Filing Form DPT-3

Amendment	Applicable to	Type of return	Due date
Rule 16	Every company other than Government Company	Return of deposit or particulars of transactions not considered as a deposit or both to furnish the information contained in its audited financial statements as on 31st March of the previous year	On or before 30th June of every year

On or before 30th June of every year

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