TAXAJ

Form DPT-3 MCA - Return of Deposits

DPT–3 form is the statement return which is required to be filed by every company other than a government company which has accepted deposits as per the definition mentioned in section 73 and rules made thereunder. Generally, every amount accepted from public (including members) is treated as public deposits.

DPT–3 form is filed in terms of rule 16 of Companies (Acceptance of deposit) rules.

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About This Plan

While filing Form DPT-3 for your company, you will need to adhere to a few procedures in accordance to the Government. TAXAJ experts will help you in the same.

Created by potrace 1.15, written by Peter Selinger 2001-2017

Timeline

It Usually takes 2 to 4 working days.

Buy Now
Services Covered
Who Should Buy
How It's Done
Documents Required
Services Covered

  • Drafting of Documentation
  • Filing of Form DPT-3 - Return of Deposits
Who Should Buy

  • Companies that want to comply to law by filing Form DPT-3 - Return of Deposits
How It's Done
  • Purchase the plan
  • Provide details required for filing form such as Loan Details
  • Get secretarial services to draft various documents such as disclosure, resolutions, etc
  • TAXAJ files Form DPT-3 - Return of Deposits on your behalf
Documents Required

  1. Statement & Proof of Loan Taken i.e Secured or Unsecured

  2.  Registration Certificate (Certificate of registration by RBI/ other regulators (applicable to NBFC)

All About Form DPT-3 - Return of Deposits

Meaning of DPT-3

DPT–3 form is the statement return which is required to be filed by every company other than a government company which has accepted deposits as per the definition mentioned in section 73 and rules made thereunder. Generally, every amount accepted from public (including members) is treated as public deposits.

DPT–3 form is filed in terms of rule 16 of Companies (Acceptance of deposit) rules.


One-time DPT–3 form - New

As said above, the DPT–3 form is only required to be filed by the companies who have accepted deposits. However, in January, 2019, the Ministry of Affairs (MCA) has issued a notification and inserted another rule, 16A.

As per the rule, 16A, every company (other than Government Company) has to file a ONE TIME RETURN for transactions which are not considered as deposits. Hence, doesn’t matter if you are a small company or one person company, filing of DPT 3 form is mandatory.
  

Companies NOT required filing the form DPT–3

There are certain companies which are not required to file the Form DPT–3. The list of the companies is as follows;

  • Banking companies;
  • Non-Banking Finance Companies (NBFC)
  • A housing finance company
  • Others as notified.


The above companies are not required to file because the new rule gets power from section 73, and the above exemptions are provided in section 73 itself.

  

Due date of filing the form DPT-3

The due date for filing of form DPT–3 has been extended to 29th June 2019. However, it is advised to file the form well before it to avoid the high-pressure time.th June 2019. However, it is advised to file the form well before it to avoid the high-pressure time.

  

Whether companies with zero transaction are required to file the DPT -3 form?

Ideally, the answer is no. The companies with zero transactions are not required to file the form DPT–3 because the rule 16A applies to companies which have received the money not recognized as deposits.

However, to be on a safer side, it is advised to file the form with zero figures.

  

Attachment required with the form DPT-3

Here are the following attachments required with the DPT–3 form;

  • Auditor’s certificate
  • List of depositors
  • Other optional details
      


Procedure for filing the one-time DPT–  form

Here is the procedure of filing the form DPT – 3 with the ministry of corporate affairs (MCA).


1. Ready the details

Keep the audited balance sheet of the company handy and the details of total amount outstanding on 31st March, 2019 which is received by the company but not recognized as deposits.st March, 2019 which is received by the company but not recognized as deposits.

2. Download the form

In the first step, just go to mca.gov.in and download the form DPT – 3.

3. Prefill the details

Enter the CIN number of the company and Prefill all the basic details like name, address and email.

4. Fill the information as required

Fill all the required information correctly from the right resources to avoid any clerical or non-clerical error. Keep the following things in mind while filling the form DPT–3;

  • Choose the appropriate purpose of filing.  Select the first option in case you want to file the one-time DPT–3 form.
  • Choose your type of company; Public or Private.
  • Make sure you fill all the mandatory information.
  • You can skip all the non-mandatory information.
  • Attach the supporting documents like audited balance sheet and auditor’s certificate.


5. Sign the form DPT–3

After all the information has been filled, recheck the form and sign it with the digital signature.

6. Upload and done

After signing it with the digital signatures of the director, upload the form on mca.gov.in and the process is complete.

Transactions not considered as deposits

  • Any amount received from the government or guaranteed by the government, foreign government/foreign Bank.
  • Any amount received as a loan or facility from any Public Financial Institutions, Insurance Companies or Banks
  • Any amount received from a company by a company.
  • Subscription to securities and call in advance.
  • Any amount received from the director of the company or a relative of the director of the Private company, who held the positions at the time of lending. 
  • Any amount received by the company from an employee. 
  • Any amount received in the course of, or for the purposes of, the business of the company as an advance for the supply of goods or provision of services or as a security deposit for the performance of the contract for the supply of goods or provision of services.
  • Unsecured loans from promoters.
  • Any other amount which is not considered as a deposit under Rule 2(1)(c).

Hence any amount whether secured or unsecured and which is outstanding money or loan not considered as deposits must be reported. 

Consequences of non-filing 


If the company does not adhere to the requirements of DPT 3 and keeps accepting deposits then it will face the following consequences 


Under Section 73

A penalty of minimum 1 crore or twice the amount of deposits whichever is lower,  which may extend to Rs. 10 crore

For every officer who is in default imprisonment up to 7 years and with a fine not less than Rs.  25 lakhs which may extend to Rs. 2 crores. 


Under Rule 21

On the company and every officer in default a fine which may extend up to Rs.  5000, and where the contravention is a continuing one, a fine of Rs. 500 for every day since the default.