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 1st April, 2014 to 31 March, 2019 in form DPT-3 within 90 days from the closure of financial year i.e by 29 June 2019.
Deposit Meaning :
“Deposit” includes any receipt of money by way of deposit or loan or in any other form, by a company but does not include such categories of amount [Provided in Rule 2(1)C] as may be prescribed in consultation with the RBI.
Exempted Deposits [Sec. 73 – Sec. 76]
The definition of deposit excludes certain transactions from its purview which are given in the Rule 2(1)(C) of the Companies (Acceptance of Deposit Rules), 2014
- Amounts Received from the Government/Foreign Sources
- Loans from Banking company/Financial Institution
- Inter company deposits
- Amount Received from Employee by way of Security Deposit
- Amount Received from Agents
- Advances against Orders (for supply of goods etc.)
- Subscriptions to Securities
- Calls in Advance of Shares
- Trust Moneys
- Amount Received from Directors or his relative
- Amount Received from Members (only in case of Private co.)
- Secured Bonds or Debentures
- Convertible Bonds or Debentures
- Promoters Unsecured Loans pursuant to stipulations laid down by the financial institutions for granting the loan.
Which Companies need to file One Time DPT-3 ?
All the Companies which have accepted deposits or loans which are exempted from the provisions of Section 73 to 76 of the Companies Act, 2013 and such deposits and loans are still outstanding as on the date of 31 March, 2019 are required to file this one time return DPT-3 within 90 days from the closure of financial year i.e by 29 June, 2019.
Which Companies are exempted from reporting requirements ?
Government Companies, Banking Companies and NBFCs.
Which period data is required to be filled in one time DPT-3 ?
From 01 April, 2014 to 31 March, 2019.
Return filing will be one time or every year ?
DPT-3 is now annual compliance by all the companies which has exempted deposits also. Earlier, it was compulsory only for companies which have accepted deposits under Sec 73 to 76.
According to new version of DPT-3, there are 4 purposes mentioned in point no. 3 of the said form:
- Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits
- Return of Deposit
- Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014
- Return of Deposit and Particulars of transactions by a company not considered as deposit
POINT 3 OF FORM DPT-3
Purpose 1: It is to be filled one time by companies having exempted deposits as per Rule 2(1)(C) of Deposit Rules by 29 June.
Purpose 2: It is annual return of deposit and to be tick marked by companies having only deposit covered under Sec 73 to 76. It is to be filled by 30 June every year.
Purpose 3: It is annual return of exempted deposit and to be tick marked by companies having only exempted deposit covered under Rule 2(1)(C). It is to be filled by 30 June every year.
Purpose 4: It is a combined annual return of deposits as well as exempted deposits and to be tick marked by companies having both deposits under Sec 73 to 76 and exempted deposit covered under Rule 2(1)(C). It is to be filled by 30 June every year.