Clarification for form ADT-1 filed by GNL-2
May 13, 2019Deposits under Companies Act 2013
May 15, 2019
Mandatory filling of Form DPT -3
MCA vide notification dated 22nd January, 2019 notified Companies (Acceptance of Deposits), Amendment Rules, 2019. As per Companies (Acceptance of Deposits) Amendment Rules now every company except government company needs to submit form DPT-3 to the Registrar of Companies in electronic form. Form DPT-3 shall furnish details of-
- Outstanding Receipts or
- Loans
which are not in nature of deposits.
Section 2(31) of Companies Act, 2013, ”deposit” includes any receipt of money by way of depositor loan or in any other form by a company, but does not include such categories of amount as may be prescribed in consultation with the Reserve Bank of India.
Applicability of form DPT-3
As per Rule 16A, form DPT-3 shall be applicable to all companies except Government Company which includes-
- Public Companies
- Private Companies
- One Person Companies
- Small Companies etc
Non Applicability of Form DPT-3
Form DPT-3 shall not be applicable to-
- Government Companies
- Banking Companies
- NBFC
- Housing Finance Company
- Partnership, Proprietorship and individual.
Due Date for filling form DPT-3
Every company needs to file form DPT-3 within 90 days from 30th March, 2019 I e 29th June 2019 along with applicable fees.
Types of DPT-3 form along with due date
Basically there are two types of DPT-3 forms.
- One Time Return: outstanding receipt of money or loan not considered as deposits incurred between 1 April 2014 to 22nd Jan 2019 which are exempted deposits then DPT-3 shall be filed till 30th June, 2019.
- Periodically: For deposits covered under sec 73 to 76 shall file DPT-3 form annually by 30th June, 2019.
Period for which form DPT-3 needs to be filed by companies
The companies eligible to file form DPT-3 shall furnish to MCA outstanding loans and receipt of money not being deposits from 1st April, 2014 to 31st March, 2019.
Criteria for repaid loans and receipt of money
In case if the company has any loan and receipt of money which are repaid since 1st April 2014 to 31st March, 2019 then in such case there is no need to file Form DPT-3.
Documents to be attached with form DPT-3
The following documents are required to be submitted along with form DPT-3 with MCA
- Certificate of the Auditor
- Proof of trust deed
- An instrument creating a charge
- Particulars of liquid assets
- Others if any.
Types of loan required to be reported in form DPT-3
As per notification dated 22nd January, 2019 all amount of money which a company has received and remains outstanding are required to be reported. Following types of loans needs to be reported.-
- All outstanding receipts
- Unsecured loans
- Secured loans
But the above mentioned shall not include any amount considered as deposit.
Additional Disclosure requirement by Private Limited Company
Where a Private Limited Company has accepted loans from directors or relatives then in addition to form DPT-3 it shall also disclose the information regarding these transactions in its Boards Report and notes to accounts.
Penalties and consequences for Non filling of form DPT-3
The penalties are divided into two categories-
- Non filling of Deposits
If the form DPT-3 is not filed within the due date as mentioned above then it shall attract a penalty of Rs 5,000/- and Rs 5,000 per day in case of a continuing default, on the company and its officers in default.
- Accepting Deposits
Where any company does not files form DPT-3 and accepts deposits then-
- It shall repay the amount of deposits together with due interest
- Fine upto Rs 1 Cr or Twice the amount of deposits (whichever is lower) which may extend upto 10 cr.
Every officer who is in default shall be chargeable with fine of Rs 25,000 to Rs 2 Cr and imprisonment upto 7 years. For willful defaults, punishment as per Section 447 of the companies act 2013 shall be levied.
