Return of Deposit: Form DPT-3 (MCA)
Form DPT-3 has to be filed annually on the MCA portal by every company other than a government company. The last date for annual return is within ninety days from the end of a financial year, i.e. 31st March 2020 (e.g. The last date of filling of Form DPT-3 for the FY 2019-20 is 30-06-2020) .
What is Form DPT-3
It is a form to file the details of deposits, particulars of transactions not considered as deposit as per rule 2(1)(c) of the Companies (Acceptance of Deposit) Rules, 2014 or both.
Who need to file Form DPT-3
Every companies other than the following companies need to file Form DPT-3:
● government companies,
● banking companies, NBFC,
● 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.
Accordingly, if you are falling under any of the following category then you are required to file the Form DPT-3:
● Private Limited Company
● Public Limited Company
● One Person Company (OPC)
● Section 8 Company
● Small Company
Whether Certificate of Auditor is mandatory in Form DPT-3?
Certificate of Auditor in not mandatory for every purpose as mentioned in the Form DPT-3. Hence, certificate of auditor is mandatory in two purposes as given below:-
1) Return of Deposit
2) Return of Deposit and Particulars of transactions by a Company not considered as deposit.
What are the documents required for Form DPT-3
1. Auditors Certificate
2. Copy of Trust Deed
3. Copy of the Instrument creating charge
4. List of Depositors
5. Details of Liquid Assets
6. Other attachment, if any.
What will be the Penalties and Consequences in case of non-compliance
A. If not filing of Form DPT-3 within the given due dates:
Not filing of Form DPT 3 within the given due dates shall attract a penalty of Rs 5,000 and Rs 500 per day in case of a continuing default, on the company and its officers in default.
B. If company does not adhere to the requirements of DPT 3 and keeps accepting deposits:
If the company does not adhere to the requirements of DPT 3 and keeps accepting deposits then it will face the following consequences:
● For Company: 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.
Others
There is no established view, if a NIL return must be filed, however, it is always beneficial to take the conservative approach and file a NIL return
Rule 16: Return of deposits to be filled with the Registrar
Every company other than Government company to which these rules 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 31st day of March of that year duly audited by the auditor of the company.
Explanation:- It is clarified that Form DPT-3 shall be used for filling return of deposit OR particulars of transaction not considered as deposit OR both by every company other than Government company.