DPT– 3: Return of Deposit

DPT-3

Summary:

A company is required to file DPT – 3 for any of the following with the Registrar by June 30 every year furnishing information as on March 31 of that year duly audited by the auditor of the Company*:

  • Return of Deposits accepted by the Company
  • Particulars of transactions by a company not considered as deposit as per rule 2(1)(c) of the Companies (Acceptance of Deposit) Rules, 2014
  • Return of Deposit and particulars of transactions by a company not considered as deposit
  • 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

*a declaration to be submitted by auditor to that effect.

What is termed as Deposit and what is not covered under deposits:

Deposit” includes any receipt of money by way of deposit or loan or in any other form, by a company, but does not include –

  1.  any amount received from the Central Government or a State Government or received from elsewhere and guaranteed by them or local authority or statutory authority
  2.  any amount received from foreign Governments, foreign or international banks, multilateral financial institutions etc
  3. any amount received as a loan or facility from any banking company or from SBI or any of its subsidiary banks
  4. any amount received as a loan or financial assistance from Public Financial Institutions/insurance companies
  5. any amount received against issue of commercial paper 
  6. any amount received by a company from any other company
  7. any amount received pursuant to an offer made in accordance with the Act towards subscription to any securities,
  8. any amount received from Director or his relative
  9. any amount raised by the issue of bonds or debentures secured by first charge or pari passu charge on assets specified in Schedule III  – (ix a) any amount raised by issue of non-convertible debenture not constituting a charge on the assets of the company and listed on a recognised stock exchange 
  10. amount received from employee not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit;
  11. any non-interest-bearing amount received and held in trust
  12. any amount received in the course of business of the company
  13. any amount given by promoters by way of unsecured loan in pursuance of the stipulation of any lending financial institution or a bank
  14. any amount accepted by a Nidhi company

Penalty:

Section 73

The Company in addition to payment of deposit and interest thereof shall be liable to pay fine which shall be not less than Rs. 1 crore or twice the amount of deposit accepted by the company whichever is less but which may extend to Rs. 10 crore, every officer of the company in default shall be punishable with imprisonment which may extend to 7 years and with fine which shall not be less than Rs. 25 lakhs but which may extend to Rs. 2 crore. Where the officer of the company has willingly contravened the provisions knowingly, he shall be liable under Section 447

Rule 21

If a Company contravenes any provisions for no punishment is provided in the Act, company and every officer in default shall be liable to penalty of Rs.5000/- with a further fine which may extend to five hundred rupees for every day after the first day during which the contravention continues.

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