Companies (Acceptance of Deposits) Amendment Rules, 2019

Rule 16 of The Companies (Acceptance of Deposits) Rules, 2014 prescribes about the Return of Deposits to be filed with the Registrar.

“Every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014”

in short;

The form DPT-3 (i.e. return of deposit) is also required to file for following purpose:

Purpose	For the Period	Applicability	Due Date
One time return for disclosure of details of outstanding money or loan received by a company but not considered as deposit in terms of rule 2(1)(c) of Chapter V	From 1stApril, 2014 to 22nd January, 2019	Every company to which these rules apply, except Government Company	21st April, 2019
Annually - Return for disclosures of money or loan received by a company but not considered as depositsin terms of rule 2(l)(c) of Chapter V	Information as on the 31st day of March of that year	Every company to which these rules apply, except Government Company	On or before the 30th day of June, of every year

Applicability:

DPT-3 is applicable on:

1. Private Limited Companies

2. Public Limited Companies

3. One Person Company (OPC)

Not applicable on:

1. Government Companies

2. The company not accepting any loan or does not have any outstanding loan.

Loans to be taken care of:

• All the outstanding receipt of money or loan from the period of 1st April 2014 to 22nd January 2019 will be covered under this electronic Form DPT-3.
• In case any loan is due before 1st April 2014 and is still outstanding in the records of the company. Then report to ROC in e-form DPT-3.
• In case of a company has already repaid loans before or on 22nd January 2018, then such a loan is no longer outstanding. As a result, no need to file e-form DPT-3

In short:

Amendment	Type of Return	Due Date
Explanation to Rule 16	Return of deposit or particulars of the transactions not considered as a deposit or both	On or before 30th June of the preceding year
Insertion of Rule 16A (3)	One time return of outstanding receipt of  money or loan by a company which is  not considered as deposits as per rule 2 (1) (c)	On or before 22nd April 2019