1. What is the Return of deposit (Form DPT-3)?
Any receipt of money by way of deposit or loan or in any other form, by a company other than receipt of money not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014 is required to disclose to the Registrar of Companies by filing Form DPT-3 (Return of deposit).
2. What is Exempted Deposit and is it required to be disclosed by filing Form DPT-3?
Exempted Deposit is the particulars of transactions by a company started in rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014, and these transactions are also required to be disclosed by filing Form DPT-3.
3. Who is required to file Form DPT-3?
Except for the Government companies, all other companies which include all private limited companies, OPC, limited companies, or Section 8 Company have to mandatorily file this form.
4. What is the due date of filing form DPT-3?
Every company to which Companies (Acceptance of Deposits) Rules, 2014 apply, shall on or before the 30th day of June, of every year, file with the Registrar, a return in Form DPT-3 along with the fee as provided in Companies (Registration Offices and Fees) Rules, 2014 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.
5. While filing Form DPT-3, Net Worth of which financial year is to be considered and whether it should be audited or unaudited?
Net Worth as per the latest audited balance sheet preceding the date of the return shall be considered while filing Form DPT-3. For example, if DPT-3 form is to be filed for F.Y. 2020-21 then the due date for filing the same shall be on or before 30th June 2021 and Net worth to be considered shall be as of 31.03.2021 (Audited). If audited Net Worth as of 31.03.2021 is not available then Net worth as of 31.03.2020 shall be taken into account.
6. Is it mandatory to attach Auditor’s Certificate in Form DPT-3?
If the Company is filing a return for receipt of money considered as deposits then it is mandatory to attach Auditor’s Certificate. No Certificate is required if the return is being filed for receipt of money not considered as deposits i.e. Exempted deposits.
7. Is it mandatory for the company to state Audited figures in Form DPT-3?
If Company is filing a form for receipt of money which is considered as deposits: It is mandatory for the Company to state audited figures.
If Company is filing a form for receipt of money which are not considered as deposits: It is not mandatory for the Company to state audited figures.
8. Who is exempt from filing Form DPT-3?
- Government Company
- Banking company
- Non-Banking Financial Company
- A housing finance company registered with National Housing Bank
- Any other company as notified under proviso to subsection (1) to section 73 of the Act
9. What are the fees of filing Form DPT-3?
Fees shall be payable as per the Companies (Registration Offices and Fees) Rules.
10. What if the Company does not file the Form DPT-3 within the due time period?
The company shall file the Form DPT-3 with additional fees applicable as per Companies (The Registration Offices and Fees) Rules, 2014.
11. What are the 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 a minimum of 1 crore or twice the number of deposits whichever is lower, 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 may extend up to Rs.5,000, and where the contravention is a continuing one, a fine of Rs.500 for every day since the default.
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