DPT-3- Am I required to file it?

Government of India has introduced new modification in the existing rules related to deposits with the object to track the actual status deposit. These rules will emphasis specific declarations and compliances related to deposits. New rules mandates every company other than Government company to file one time return with the Registrar of Companies in form DPT. Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both. The one time return contains declaration by the Company relating to outstanding receipt of money or loan by a company but not considered as deposits and is to be filed within 90 days of publication of the notification i.e. 22.01.2019. Under this form, details from 1st April, 2014 to 22nd January, 2019 needs to be given.

In respect of aforesaid amendment, now every company, entered into below mentioned transactions, has to file a onetime return, in form DPT-3, related to outstanding receipt of money or loan by the company but not considered as deposits, in terms of clause (C) of sub-rule 1 of rule 2 (as elaborated below) from 01.04.2014 to 22.01.2019, on or before 22.04.2019:

1. Any amount received from the Central Government or a State Government, or any amount received from any other source whose repayment is guaranteed by the Central Government or a State Government, or any amount received from a local authority, or any amount received from a statutory authority constituted under an Act of Parliament or a State Legislature;
2. Any amount received from foreign Governments, foreign or international banks, multilateral financial institutions (including, but not limited to, International Finance Corporation, Asian Development Bank, Commonwealth Development Corporation and International Bank for Industrial and Financial Reconstruction), foreign Governments owned development financial institutions, foreign export credit agencies, foreign collaborators, foreign bodies corporate and foreign citizens, foreign authorities or persons resident outside India subject to the provisions of Foreign Exchange Management Act, 1999 (42 of 1999) and rules and regulations made there under;
3. Any amount received as a loan or facility from any banking company or from the State Bank of India or any of its subsidiary banks or from a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (10 of 1949), or a corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or in clause (b) of section (2) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980) , or from a co-operative 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 a loan or financial assistance from Public Financial Institutions notified by the Central Government in this behalf in consultation with the Reserve Bank of India or any regional financial institutions or Insurance Companies or 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 a 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 money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of the 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 a relative of the director of the Private company:
9. 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 IIIof the Act excluding intangible assets of the company or bonds or debentures compulsorily convertible into shares of the company within Ten years:
10. 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 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 the course of, or for the purposes of, the business of the company:

a. As an advance for the 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

Provided that in case of any advance which is subject matter of any legal proceedings before any court of law, the said time limit of three hundred and sixty five days shall not apply

b. As advance, accounted for in any manner whatsoever, received in connection with  [consideration for an 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

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

d. As advance received under long term projects for supply of capital goods except those covered under item (b) above:

e. As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per written agreement or arrangement, 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

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

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

Provided that if the amount received under items (a), (b) and (d) above becomes refundable (with or without interest) due to the reasons that the company accepting the money does not have necessary permission or approval, wherever required, to deal in the goods or properties or services for which the money is taken, then the amount received shall be deemed to be a deposit under these rules:

14. Any amount brought in by the promoters of the company by way of unsecured loan in pursuance of the stipulation of any lending financial institution or a bank subject to fulfillment of the following conditions, namely:
15. the loan is brought in pursuance of the stipulation imposed by the lending institutions on the promoters to contribute such finance;
16. the loan is provided by the promoters themselves or by their relatives or by both; and
17. the exemption under this sub-clause shall be available only till the loans of financial institution or bank are repaid and not thereafter;
18. Any amount accepted by a Nidhi company in accordance with the rules made under section 406of the Act.
19. Any amount received by way of subscription in respect of a chit under the Chit Fund Act, 1982 (40 of 1982);
20. Any amount received by the company under any collective investment scheme in compliance with regulations framed by the Securities and Exchange Board of India;
21. An amount of twenty five lakh rupees or more received by a start-up company, by way of a 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.
22. Any amount received by a company from Alternate Investment Funds, Domestic Venture Capital Funds,Infrastructure Investment Trusts, Real Estate Investment Trusts and Mutual Funds registered with the Securities and Exchange Board of India in accordance with regulations made by it.

Penalty for false information’s or statement

In case the person signing the form DPT-3 provide wrong, false, incomplete information or documents, then such person shall be liable for the punishment as per the provision of section 448 and 449 of the companies act, 2013 and the rules made thereunder. Which states person shall be punishable with the imprisonment not less than 3 year which may extend upto 7 years or fine which may extend upto 10 lakh Or both.

Conclusion:

Hope you got clarity about whether DPT-3 is applicable upon your company or not. In case you need any further clarity on this topic please feel free to contact us at 8010233173 or complianceship@gmail.com and contact@complianceship.com