Who requires filing Form DPT-3?
According to Rule 16A Companies (Acceptance of Deposit) Rules, 2014, each corporation except the Government Company, needs to file Form DPT-3, which is a onetime return for the outstanding receipt of cash or loan taken by a corporation yet has not been considered as deposits as on 22.01.2019.
Note: “Outstanding receipt of cash or loan” means any loan which is treated as a deposit or not outstanding from 1st April 2014 to 22nd January 2019.
When DPT-3 must be filed?
The Form must be filed within 90 days from the date of this notification. As per the notification of MCA dated on 22nd January 2019, Form DPT-3 must be submitted within 90days from 22ndd Jan 2019 which comes out be 22nd April 2019.
We at eStartIndia provide meticulous assistance to the clients incorrectly filing the DPT-3 forms as per the rules of the Government of India.
The e-form DPT-3 must be filed for?
1. Onetime Return for disclosure of outstanding receipt or loan by a corporation yet not considered as deposits.
2. Return of Deposit
3. Details of transactions by a corporation not considered as a deposit
4. Return of Deposit as well as Details of transactions by a corporation not considered as a deposit
The corporations in India, that have receipt of money or loan that remained outstanding from 1st April 2014 to 22nd January 2019 need to file a onetime return to the Ministry of Corporate Affairs. This form is applicable to every type of debts like Secured loans; Unsecured loans; All outstanding receipts.
We at eStartIndia provide meticulous assistance to the clients incorrectly filing the DPT-3 forms as per the rules of the Government of India.
The companies who don’t need to file form DPT-3
The e-form DPT-3 must be filed by each company except the government company which involves Subsidiaries Companies; Holding company; Associate Company; Money was taken from Directors of the company.
The companies who need to file form DPT-3
The e-form DPT-3 according to rule 16A must be filed by the companies which include every Public company; Private Companies; Small Companies; Dormant Company; One Person Company, etc.
Documents required for filing form DPT-3
The documents that are required in order to file a DPT 3 form are; certificate of the Auditor, proof of the deed of trust, an instrument making a charge, details of liquid resources and any other information if required.
We at eStartIndia will assist our clients regarding all the necessary documents required and the procedure for filing the DPT-3.
The due date for filing form DPT-3
The present date of filing of e- form DPT-3 is 22.04.2019 that is 90 days from the date of the publication of the Notification dated on 22.01.2019. The last date of filing this form is on or before the 30th June every year. The MCA clarified in a notification dated on 12.04.2019, the extra fine would be charged after the 30 days from the date of submitting DPT-3 on the Portal of MCA.
The penalty for non-filing of form DPT-3
The penalty that could be levied on the companies if they fail to file DPT 3 within the specified due dates, would attract a fine of Rs 5,000 and Rs 5,000 every day if they're a matter of continuing default, on the organization and its officers in default. In case the corporation is the non-compliant with the provisions of the rule, that is, if it does not file the DPT-3 and still accepts deposits then it would be liable towards repaying the amount of deposits together with the due interests as well as they will be charged with a penalty of Rs 1 Cr or double the number of deposits (which is lower), however the same might extend up to Rs 10 Cr. Each officer who is in default would be charged with a penalty of Rs 25,000 to Rs 2 Cr and detainment which may extend up to 7 years. In the case of wilful defaults, the penalty according to Section 447 of the Companies Act 2013 will be charged.
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