DPT 3 was notified in order to safeguard the interest of deposit holders or creditors of the Company, the Central Government in consultation with the Reserve Bank of India (RBI) in the Companies (Acceptance of Deposits) Amendment Rules, 2019 to amend the Companies (Acceptance of Deposits) Rules, 2014.
What is Form DPT 3?
Form DPT-3 is used for filing return of deposit or particulars of transaction not considered as a deposit or both by every company. However, Government companies are exempted from filing this form.
What does DPT 3 aim at?
The main objective behind introducing the electronic form DPT 3 was to develop a one time return for both disclosure of receipts considered as deposits and for receipts not considered as deposits as per the Companies Act 2013.
Who should file Form DPT 3?
The MCA has made it necessary for all companies registered in India other than Government companies to file Form DPT-3. Accordingly, if you are falling under any category, you should file Form DPT 3. Small companies also are required to file.
- Private Limited Company
- Public Limited Company
- One Person Company (OPC)
- Small Company
What is the due date for filing E-Form DPT-3?
The Companies (Acceptance of Deposits) Amendment Rules, 2019 has mentioned that all companies would be required to file Form DPT-3 one-time within 30 days from the date of deployment of the said form on MCA 21 Portal (As per General Circular No.: 05/2019). Hence the Due date for filing Form DPT-3 is within 30 days from 1st May 2019 i.e. 30th May 2019.
Note: While for one-time return, earlier, MCA had provided 90 days, from the date of notification, to fill the one time return. The recent amendment on 12 April 2019 (By issue of General Circular No.: 05/2019) stated that 'pending the deployment of DPT-3 Form on MCA 21 portal and in order to avoid inconvenience to stakeholders on account of various factors, it is stated that the additional fee, as provided under the Companies (Registration Offices and Fees) Rules, 2014, shall be levied after 30 days from the date of deployment of the DPT-3 form on MCA 21 portal.' Hence it appears to have removed the 90 days period to file the one time return as it mentions that if return is filed within 30 days of the date from which the form is available on the MCA portal then there will be no levy of additional late filing fees.(The Form DPT-3 was deployed on 1st May, 2019)
What are the fees for Filing Form DPT 3?
Form filing fees depend on the paid-up capital.
What if E Form DPT 3 is not filed in time?
The company will have to pay additional fees if DPT 3 is filed beyond the due date. Get in touch with us to know your late fees. Additionally, if a company does not file DPT-3 and still accepts deposits then following are the consequences on the company as well as officers of the company:
On Company: A fine of minimum INR. 1 crore or twice the amount of deposit so accepted, whichever is lower, which may extend to INR. 10 crore, and
On the officers of the Company: Who is in default: imprisonment up to seven years and with a fine of not less than INR. 25 lakh which may extend to INR.2 crore.
What are the documents required to file E Form DPT 3?
- Auditor's certificate (The auditor’s certificate is mandatory to be attached only when the Return of deposit is filed.)
- Latest Audited Balance Sheet
How many forms should the company file?
In case of receipts considered as deposits- 1 form
In case of receipts not considered as deposits as per the Act and the rules thereunder- 2 forms
What is the period of outstanding receipt of money or loan which should be shown in Form DPT 3?
Total loans received by the company during the period from 01/04/2014 and 31/03/2019 and outstanding as on 31/03/2019) should be reported in Form DPT 3.
If loan/money has been received any time after 01.04.2014 and repaid before 31.03.2019 then also information is required to be furnished?
No, information only about the outstanding loan/money as on 31st March 2019 is required to be furnished.
If loan/money has been received before 01.04.2014 and still outstanding in the balance sheet, then also information is required to be furnished?
Yes, information about any loan/money outstanding in the balance sheet of every Company except Government Company as on 31.03.2019 is required to be furnished in Form DPT-3.
Are small companies exempted from filing Form DPT 3?
No, there is no exemption as such. Only government Companies are not required to file Form DPT-3.
Whether an LLP should file Form DPT 3?
LLP is not required to file Form DPT 3.
I have a private limited company, and there are no loans outstanding as on 31/03/2019. Do I still need to file Form DPT 3?
Tags :corporate lawmca