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Onetime return of deposits in Form DPT-3 for outstanding receipt

Onetime return of deposits in Form DPT-3 for outstanding receipt

Last few days for DPT 3 Compliance

one-time-return-of-deposits
one-time-return-of-deposits

 
Ministry of Corporate Affairs (MCA) vide notification dated 22.01.2019, has amended Companies (Acceptance of Deposit) Rules, 2014. As per the said amended Rules, every Company other than a Government company will be required to file a onetime return of deposits in Form DPT-3 for outstanding receipt of money or loan by a company but not considered as deposit under Rule 2(1)(c) of the Deposit Rules, 2014 i.e. exempt category deposits, for the period 1st April, 2014 to 31st March, 2019. Further these companies will also file a yearly DPT 3 for outstanding receipt of money as exempt category deposits as on 31st March, 2019.

  • Exempt category deposits are unsecured loans from Directors/other Companies, secured loans from Banks, ECBs from parent Company, advances from customers etc.
  • Company needs to file DPT 3 form in two numbers – One time DPT 3 for outstanding amounts for Exempt Category Deposits and Annual DPT 3 for outstanding amounts for Exempt Category Deposits as well as deposits, if any.

There are some confusions regarding which amounts can be considered which period to be considered while filing this return. Hence we have tried to simplify the applicability and points to be considered in preparation and filing of these forms:

S.No Particulars One time DPT 3 Yearly DPT 3
1 Receivables to be considered for DPT 3 Exempt category deposits (Non Deposits) as per Deposit Rules e.g unsecured loan from Directors, Bank loans, advances from customers, ECB etc. Exempt category deposits (Non Deposits) as per Deposit Rules e.g unsecured loan from Directors, Bank loans, advances from customers, ECB etc.
 
Also if the Company had accepted deposits from members in compliance with Deposit Rules, those amounts can also be mentioned .
2 Amounts to be filled in DPT 3 Amounts received during the period 1st April, 2014 to 31st March, 2019 and outstanding as on 31st March, 2019.
 
Amount received any time prior to 31st March, 2019 and outstanding as on 31st March, 2019
3 Field to be selected in Form DPT 3 Tab 1 of Point 3
 
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
Tab 3 of Point 3
 
Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014
 
OR Tab 4 of Point 3
Return of Deposit and Particulars of transactions by a company not considered as deposit.
 
4 Auditor certificate Not required Not required for exempt category deposit.
 
Will be required for return of Deposits.
5 Due date of filing 29th June, 2019
 
30th June, 2019 and then every year before 30th June.
6 Form DPT 3 not to be filed If amount outstanding as on 31st March, 2019 is NIL (already repaid before 31st March, 2019) If amount outstanding as on 31st March, 2019 is NIL (already repaid before 31st March, 2019)
7 Filing fees Normal fees depending on authorised capital Normal fees depending on authorised capital
8 Penalty for non-compliance Penalty of Rs. 5,000 and Rs 500 per day in case of a continuing default, Penalty of Rs. 5,000 and Rs 500 per day in case of a continuing default,

 

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