eForm DPT-3 is the recent compliance that needs to be filed by certain companies that are under debt. Contact us if you are one of them!
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 by a corporation yet not considered as deposits as on 22.01.2019. The Form must be filed within 90 days from the date of this notification. The notification dated on 22nd January 2019 and as per the notification, all amount of money by the company requires to file Form DPT-3 till 22nd April 2019.
The eform DPT-3 must be filed for-
1. One time 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.
Who files e.form DPT-3?
The corporations in India, that have receipt of money cash or loan that remained outstanding from 1st April 2014 to 22nd January 2019 need to file a onetime return to Ministry of Corporate Affairs. This form is applicable to every type of debt like Secured loans; Unsecured loans; All outstanding receipts.
The 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 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.
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.
Click here to read more about the "Form MSME-1"
Due Date:
The present date of filing of 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 vide General Circular No. 05/2019 dated 12.04.2019, the additional fee shall be levied after 30 days from the date of deployment of form DPT-3 on MCA Portal. The MCA cleared up vide General Roundabout No.05/2019 dated 12.04.2019, the extra charge will be exacted following 30 days from the date of sending of structure DPT-3 on MCA Gateway.
Consequences of Non-Filing of eForm 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, 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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