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  • Return of Deposit & Transactions not considered as Deposit - FORM DPT-3

Return of Deposit & Transactions not considered as Deposit - FORM DPT-3

APPLICABILITY

Every company other than Government company, 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 and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.

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.

The WEB BASED-Form DPT-3 has been designed to report following 4 scenarios: -

i. Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014

ii. Return of Deposit

iii. Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014

iv. Return of Deposit and Particulars of transactions by a company not considered as deposit

Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014) as it is the most common scenario: -

INFORMATION REQUIRED: -

S.NO

PARTICULARS

AMOUNT AS ON (Year just ended)

AMOUNT AS ON (Previous year)

1

Any amount received from –

 

 

 

i

the Central Government

 

 

 

ii

a State Government; or any amount received from any other source whose repayment is guaranteed by the Central Government or State Government

 

 

 

iii

any amount received from a local authority

 

 

 

iv

any amount received from statutory authority constituted under an Act of Parliament or a State Legislature

 

 

 

2

Any amount received from –

 

 

i

Foreign Governments

 

 

ii

Foreign or international banks

 

 

iii

Foreign or international banks

 

 

iv

Foreign Governments owned development financial institutions

 

 

v

Foreign export credit agencies

 

 

vi

Foreign collaborators

 

 

vii

Foreign body corporates

 

 

viii

Foreign citizens

 

 

ix

Foreign authorities

 

 

x

Person’s residents outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999

 

 

3

Any amount received as –

 

 

i

A loan or facility from any banking company

 

 

ii

From the state Bank of India or any of its subsidiary banks

 

 

iii

From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949)

 

 

iv

A corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)

 

 

v

From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).

 

 

4

Any amount received as loan or financial assistance from –

 

 

i

Public Financial Institutions notified by the Central Government

 

 

ii

Any regional financial institutions

 

 

iii

Insurance companies

 

 

iv

Scheduled Banks as defined in the Reserve Bank of India Act,1934 (2 of 1934)

 

 

5

Any amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India.

 

 

6

Any amount received by the company from any other company

 

 

7

Any amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application securities pending allotment, so long as such amount is appropriated only money or advance towards allotment of against the amount due on allotment of securities applied for.

 

 

8

Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company

 

 

9(i)

Any amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking pari passu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company

 

 

(ii)

bonds or debentures compulsorily convertible into shares of the company within ten years

 

 

10

Any amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India

 

 

11

Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non- interest-bearing security deposit.

 

 

 

12

Any non-interest-bearing amount received and held in trust.

 

 

13

Any amount received in course of, or for the purposes of the business of the company-

 

 

i

As an advance for supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against supply of goods or provision of services within a period of three hundred and sixty-five days from the date of acceptance of such advance.

 

 

ii

As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement

 

 

iii

As security deposit for performance of the contract of supply of goods or provision of services

 

 

iv

As advance received under long term projects for supply of capital goods except those covered under item (b) of sub-clause (xii) clause (c) of subrule (1) of rule (2) of the Companies (Acceptance of Deposits) Rules, 2014

 

 

v

As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less.

 

 

vi

As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government.

 

 

vii

As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications.

 

 

14

Any amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution or a bank.

 

 

15

Any amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution or a bank.

 

 

16

Any amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982)

 

 

17

Any amount received by company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India

 

 

18

Any amount of twenty-five lakh rupees or more received by a startup company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person

 

 

19

Any amount received by a company from –

 

 

i

Alternate Investment Funds

 

 

ii

Domestic venture Capital Funds

 

 

iii

Infrastructure Investments Trusts

 

 

iv

Real Estate Investment Trusts

 

 

v

Mutual Funds registered with the Securities and Exchange Board of India

 

 

20

Loan from Share Holder

 

 

21

Loan from any other entity mentioned above.

 

 

 

TOTAL

 

 

 

IMPORTANT POINTS:

Exempted deposits:

a. Deposit includes any receipt of money by way of deposit or loan or in any form except the transaction excluded under this rule. Therefore, rule 2 (1) (c) define the transaction(s) which shall not be considered as deposit i.e. exempted deposit, and the transactions which are not covered in rule 2 (1) (c) shall be considered as deposit of the Company. The list is compiled hereinabove.

b. The total outstanding amount of exempted deposit at the end of financial year need to furnish in yearly return.

c. DPT-3 is a non-STP form, which means that it needs approval of the ROC

Statutory Auditor’s Certificate:

Auditor’s Certificate is required to be attached with the form only in the case when a return of deposits is filed (Option no. 2 and 4 is selected in the e-form DPT-3) i.e., the purpose of filing the form is either of the two:

1. Return of Deposit

2. Return of Deposit and Particulars of transactions by a company not considered as deposit

Exemption: -

Every Company is required to file Form DPT-3, except:

* Government Company

* Banking Company

* NBFC

* Housing Finance Company

The author Mr. Prabhu Mohan Sivalingam (PMS) is a student of the Institute of Company Secretaries of India and he can be reached at team@ssacas.com
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