Companies (Acceptance of Deposits) Amendment Rules, 2019
MINISTRY OF CORPORATE AFFAIRS
New Delhi, the 22nd January 2019
G.S.R. 42(E).—In exercise of the powers conferred by clause (31) of section 2 and section 73 read with
sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central
Government, in consultation with the Reserve Bank of India, hereby makes the following rules further to
amend the Companies (Acceptance of Deposits) Rules, 2014, namely:-
- (1) These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.
- In the Companies (Acceptance of Deposits) Rules, 2014 (hereinafter referred to as the said rules), in
rule 2, in sub-rule (1), in clause (c), in sub-clause(xviii), after the words “Infrastructure Investment
Trusts,” the words “Real Estate Investment Trusts” shall be inserted.
- In the said rules, in rule 16, the following Explanation shall be inserted, namely:- “Explanation.- It is
hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not
considered as a deposit or both by every company other than Government company.”.
- In the said rules, in rule 16(A), after sub-rule (2), the following sub-rule shall be inserted, namely:- “
(3) 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.”.
Applicability of DPT-3
According to the rule 16A, DPT-3 must be filed by all the companies who have received money
and loan which is due.
The DPT-3 form must be filed by all the companies including small, private, non-small, OPC, etc.
Both secured, unsecured Loans along with advance for goods and services must be filed in the
Even if the Holding Company or Subsidiary Company or Associate Company obtains the loan
then it also has to file the DPT-3 Form
If the company has not paid the loan before 1st April 2014 which is still continuing then such
loans have to be reported to the ROC under the DPT-3 Form.
But Government Companies not required to file DPT-3
Who is not Applicable to File the DPT-3 Form?
If the company does not have any loan till 31 st March 2019, then the filing of DPT-3 form is not
If the company takes a loan after 1 April 2019 , there is no record of an outstanding loan then the
company does not have to file the DPT-3 Form.
Period for which DPT-3 is to be file
The amendments inserted a new provision which requires every company (other than a government
company) to file with the ROC a one-time return in Form DPT-3 for receipt of money/loan by a company
outstanding from 1 April 2014 to 31 st March 2019 but not considered as deposits (as specified in Form
Such a return was required to be filed by 22 April 2019 (i.e. within 90 days from the date of publication
of notification in the official gazette) along with specified fees.
Time for filing of DPT-3
Every Company shall file with ROC a one time return in form DPT-3 for receipt of money/loan by a
company, not considered as deposits within 90 days of closing of financial year i.e One time return is
need to be filed on or before 29th June, 2019 and annual return on or before 30th June.
What Attachments are Required with the Form?
Attachments Required with the Form:
Copy of trust deed – Mandatory if company has trust deed and details of same are mentioned in
Copy of instrument creating charge – Mandatory if company has trust deed and details of same
are mentioned in the form
List of depositors – List of deposits matured, cheques issued but not yet cleared to be shown
separately – Mandatory if company has balance of deposits outstanding at the end of the year
Details of liquid assets
What is deposit and what is Exempted
Some important examples
- Inter-corporate Deposit is Exempted one but Loan from LLP is not Exempted one it is Deposit.
- Loan from Director’s Owned Fund is exempted but from relative of Directors is not exempted
- Amount from HUF is also Deposit as HUF is not any Body Corporate
- Any Trade Advance for less than 365 days is Exempted one and Trade advance for more than 365 days
- Share Application Money due for less than 60 days is Exempted one and for more than 60 days is
KEY HIGHLIGHTS OF DPT-3
- Form DPT-3 is exempted for Government Companies and NBFC Companies.
- Audit of Financials for FY 2018-19 is not compulsory for filing Form DPT-3
- As per Rule 16 Figures filled in Form DPT-3 should be audited one for that Auditor Certificate may be
- In One time return only amount outstanding is required to be filled, no detail for that amount is
required but in annual return detail for the outstanding amount is required to be filled.
- It is mandatory to bifurcate the amount of Deposit and amount exempted from Deposit in annual return,
but in One time return no such bifurcation is required.
7.. Object clause in form will be pre-filled from last AOC-4 or in case change in object activity from
latest MGT-14 filed, So please check the same before filing form if there is any difference then raise
Query on MCA.
8.. In point 8 of Form DPT-3, Net Worth should be calculated as per preceding audited statement for this
time it will be Audited financial statement for the year ended on 31.03.2018.
- Net Worth as per Form DPT-3 considers intangible assets but as per definition of Net Worth, Net
Worth does not consider intangible assets, so there are chances that Net Worth filled in Form AOC-4 and
in Form DPT-3 could be different, So Advisable to attach Clarification on that.
- Auditor Certificate is not Compulsory but advisable to comply the words of Rule 16 even in case of