On 22nd January 2019, the MCA came up with a new amendment in the Companies (Acceptance of Deposits), Rules, 2014
Every Company other than Government Company shall file a one time return of outstanding receipt of money/ loan taken by the company but not considered as deposits.
Total amounts of outstanding money or loan received by a company but not considered as deposits as on 31st March 2019.
We need to disclose the following outstanding money or loan received by a company as on 31st March 2019:
(i) Amount received from central government, state government etc;
(ii) Amount received from foreign governments/ banks etc;
(iii) Amount received as loan from banks, banking companies etc;
(iv) Amount received as loan from Private Finance institutions (PFIs), any regional Financial Institutions or insurance companies or scheduled banks;
(v) Amount raised through issuance of commercial paper;
(vi) Inter- corporate deposits;
(vii) Amount received as subscription money for securities pending allotment;
(viii) Amount received from directors/ relative of directors in case of a private company;
(ix) Amount raised by issue of secured bonds/ debentures;
(x) Amount raised through issuance of unsecured listed NCDs;
(xi) Non-interest bearing security deposit received from employees;
(xii) Non-interest bearing amount held in trust;
(xiii) Advance from customers;
(xiv) Amount brought by the promoters;
(xv) Any amount accepted by a Nidhi;
(xvi) Any amount received by way of subscription in respect of a chit;
(xvii) Any amount received by the company under any collective investment scheme;
(xviii) Amount received by start- up company by way of convertible note;
(xix) Amount received from Alternate Investment Funds (AIFs), venture capital funds (VCFs) real estate investment trusts (REITs) etc.
General details to be given for filing Form DPT-3.
(i) Objects of the company (prefilled)
(ii) Net Worth as per the latest audited balance sheet preceding the date of the return
(iii) Particulars of charge
(a) Date of entering into trust deed
(b) Name of the trustee
(c) Short particulars of the property on which change is created for securing depositors
(d) Value of the property
(iv) Credit Rating obtained
(a) From (Name of the agency)
(v) Auditor certificate
(vi) Copy of trust deed – Mandatory if company has trust deed and details of same are mentioned in the form
(vii) Copy of instrument creating charge – Mandatory if company has trust deed and details of same are mentioned in the form.
|On defaulting company||A fine of minimum Rs. 1 crore or twice the amount of deposit so accepted, whichever is lower, which may extend to Rs.10 crores; and|
Every Officer who is in default
Who is in default: imprisonment up to seven years and with a fine of not less than Rs. 25 lakh which may extend to Rs.2 crores.