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DPT 3 is a return of deposits that companies must file to furnish information about deposits and/or outstanding receipt of loan or money other than deposits.
Form DPT-3 has been included in the list of forms under the Companies Fresh Start Scheme (CFSS) 2020, Accordingly no late fees will be charged if the form is filled till 30th of September 2020.
In order to safeguard the interest of creditors or depositors, the Central Government in consultation with the Reserve Bank of India notified the amendment in the Companies (Acceptance of Deposits) Rules 2014 through Companies (Acceptance of Deposits) Amendment Rules 2019.
MCA vide its notification dated 22nd January 2019 notified that every company other than a government company must file a one time return in DPT 3. It is also required to be filed annually. Accordingly, a sub-rule (3) was inserted after sub-rule (2) in Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014 which reads as follows:
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 a fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
*The said time period was then amended by issue of General Circular No.05/2019 which stated that the additional fee will be levied after 30 days from the deployment of the form DPT -3 on MCA 21 portal. Therefore, the revised due date was 31st of May 2019. Since then the form must be filed annually.
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:
DPT-3 may be of two varieties, as follows:
Hence any amount whether secured or unsecured and which is outstanding money or loan not considered as deposits must be reported.
The due date for filing the annual return is 30th June of every year. For example, for FY 2019-20, the due date for DPT-03 is 30th June 2020.
The one-time return has to be filed for a period starting from 1st April 2014 to 31st March 2019. Therefore, all receipts received in this period and outstanding as on 31st March 2019 had to be reported. The annual return is for the period 1st April 2019 to 31st March 2020. This return will include all amounts outstanding as on date.
The particulars to be furnished are CIN of the company, email ID, Objects of the company, Net worth of the company, particulars of charge if any, the total amount outstanding as on 31st March 2020, and particulars of credit rating.
Fees shall be payable as per the Companies (Registration Offices and Fees) Rules.
If the company does not adhere to the requirements of DPT-3 and keeps accepting deposits then it will face the following consequences:
There is no established view, if a NIL return must be filed, however, it is always beneficial to take the conservative approach and file a NIL return.