Thursday, May 2, 2019

Mandatory Filing of Form DPT-3 (Return of Deposits)” Under Companies (Acceptance of Deposits) Amendment Rules, 2019


Mandatory Filing of Form DPT-3 (Return of Deposits)” Under Companies (Acceptance of Deposits) Amendment Rules, 2019

Introduction
Under the Companies (Acceptance of Deposits) Amendment Rules, 2019, Ministry of Corporate Affairs ("MCA") inserted and introduced the Sub Rule 3 of 16A by the notification dated 22th January, 2019 with the amendment in Companies (Acceptance of Deposits) Rules, 2014 read with the MCA Circular No. 05/2019 dated 12th April, 2019 which mandate the filing of form DPT-3 with the Registrar within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
Applicability of form DPT-3
Existing Provision:
As per the provision of Section 73 of the Companies Act, 2013 clearly states that the Companies can accept deposit from members and/or public on or after the commencement of the said Act i.e on or after 1st April, 2014, in accordance with provisions of Chapter V. Reading of Section 73 (2) and 76 (1) clarifies that Companies (Acceptance of Deposit) Rules, 2014 also needs to be complied for accepting deposits under Act, 2013.
Return of deposits to be filed with the Registrar:
Rule 16 of The Companies (Acceptance of Deposit) Rules, 2014 (Deposit Rules), states that every Company to which this Rules apply, shall on or before 30th June of every year file with the Registrar, a return of deposit in Form DPT-3 along with fees and furnish information as on 31st March of that year duly audited by Auditor of the Company.
Thus, it is very clear position that DPT-3 is to be filed for deposits accepted on or after 1st April, 2014 in compliance with Chapter V of Act, 2014 and Deposit Rules.
Amended Provision (New Rule 16A and Explanation inserted in Rule 16):
Explanation under Rule 16 - It is hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every company other than Government company.
Disclosures in the financial statement (New Rule 16A):
(a)

Every company, other than a private company, shall disclose in its financial statement, by way of notes, about the money received from the director.
(b)

Every private company shall disclose in its financial statement, by way of notes, about the money received from the directors, or relatives of directors.
(c)

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 01st April, 2014 to the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
Impact of Amendment:
Filing of Form DPT-3 Become Mandatory – Every Company other than Government Company shall file the return of Deposit or particulars of the transaction which are not considered as a deposit (as specified in rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 or Both.
Clarification under MCA Circular No. 05/2019 dated 12th April, 2019:
It may also noted that data on deposits should be filed up to 31st March, 2019 (as opposed to 22nd January, 2019) which was originally indicated in the said Rule.
Key Points of the new Notification and Relavant Dates:
(a)

Applicable on Class of Companies:

All companies(Private, Public & OPC) other than Government Companies are required to file form DPT-3.
(b)

Nature of Return:
 Form DPT-3 is required to be filed on one time basis within 90 days from date of publication of this notification in Official Gazette.
(c)

Category of Loan and Deposits: Filing is required to be done for both secured & unsecured outstanding money/loan not considered as deposits.
(d)

Period Coverage: 
Period of outstanding loan/money shall be from April 01, 2014 till March 31, 2019.
(e)

Loan or Money related to Holding/Subsidiary or Associate Company: 
The form shall also be filed in case the loan/money outstanding is taken from its holding/subsidiary or associate company..
(f)

Need of Compliance: 
If a company does not accept a loan or does not have any outstanding loan, there is no need to comply with the provisions of this rule.
(g)

Transactions Covered: 
Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 enlist transactions which are not treated as deposits. DPT-3 is required to be filed in respect of these transactions.
(h)

Form Fee: 
Fees shall be payable as per the Companies (Registration Offices and Fees) Rules, 2014 as per below table:
1. Fee applicable in case of company have share capital :
Nominal Share Capital
Fee applicable
Less than 1,00,000
Rupees 200 per document
1,00,000 to 4,99,999
Rupees 300 per document
5,00,000 to 24,99,999
Rupees 400 per document
25,00,000 to 99,99,999
Rupees 500 per document
1,00,00,000 or more
Rupees 600 per document
2. Fee applicable in case of company not having share capital :
Fee applicable
Rupees 200 per document
3. Additional fee shall be Payable as per below table :
Period of delays
All forms
Up to 30 days
2 times of normal fees
More than 30 days and up to 60 days
4 times of normal fees
More than 60 days and up to 90 days
6 times of normal fees
More than 90 days and up to 180 days
10 times of normal fees
More than 180 days
12 times of normal fees

Required Attachments and Documents along with form:
(1)
 Auditor's certificate
(2)
 Deposit Insurance contract – Mandatory if company has deposit insurance and details of same are mentioned in the form
(3)
 Copy of trust deed – Mandatory if company has trust deed and details of same are mentioned in the form
(4)
Copy of instrument creating charge – Mandatory if company has trust deed and details of same are mentioned in the form
(5)
List of depositors – List of deposits matured, cheques issued but not yet cleared to be shown separately – Mandatory if company has balance of deposits outstanding at the end of the year.
(6)
 Details of liquid assets
(7)
 Other optional attachment, if any
Conclusion
Every Company other than Government Company need to file form DPT-3 within 90 days from the Date of Notification, having outstanding balance on account of receipt of Money or Loan which have not considered as deposit as per Rule 2(1)(c) of Companies (Acceptance of Deposits) Rules, 2014 as on 31.03.2019 including deposit or both.
Courtesy : Amit Kathuria ,ACS, LLB

R V Seckar corporate law consultant 07904719295 rvsekar2007@gmail.com,




5 comments:

  1. This comment has been removed by the author.

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