DPT-3 Mandatory Filing to R.O.C.
Companies (Acceptance of
Deposits) Amendment Rules, 2019
Amendment under Deposit Rule, 2014
In Rule 2, in Sub-Rule (I),
in Clause (c), in Sub-Clause(xviii):
After
the words "Infrastructure Investment Trusts," the words "Real
Estate Investment Trusts" shall be inserted.
In Rule 16, the following Explanation shall be inserted:
Explanation.-
It is hereby clarified that Form DPT-3 shall be used for filing return of
deposit or particulars of transaction not considered as 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
(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 (90) days from the date of said publication
of this notification along with fee as provided in the Companies (Registration
Offices and Fees) Rules, 2014.
Full Notification http://mca21.gov.in/Ministry/pdf/AcceptanceDepositsAmendmentRule_22012019.pdf
Frequently Asked Question in respect of this Amendment
Mandatory
Filing of Details of Loan with ROC in relation to DPT-3 with reference to
Companies (Acceptance of Deposits) Amendment Rules, 2019 notified by MCA on
22.01.2019.
By
Companies (Acceptance of Deposits) Amendment Rules, 2019 : Every Company other
than Government Company shall file a one time return of outstanding receipt of
money or loan by a company but not considered as deposits, in term 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 (i.e. 22nd January,
2019) in e-form DPT-3 within 90 days from the date of publication.”
1.
Whether every Company needs to file
e-form DPT-3 as per rule 16A?
All the Companies (Whether, Small, Non
Small, Private, Public, OPC, etc.) required to file DPT-3 after publication of
these rules.
2. What is due date for filing of
e-form DPT-3 in Rule 16A?
Due date of Filing of e-form DPT-3 in rule
16A is 22nd April, 2019. Because form required to file within 90
days of publication of these rules. (22nd January, 2019 + 90 days)
3. Whether DPT-3 required filing for
Secured or Unsecured Loan or Both?
Yes, DPT-3 required for filing for both
secured and unsecured Loan.
4. Whether DPT-3 required for ECB
received by Company?
As per rule 16A DPT-3 required to file for
each and every loan received by Company. Therefore, one can opine that if
Company has received ECB in such case Company have to mandatorily file e-form
DPT-3.
5.
Outstanding Loan and outstanding receipt of money in relation to which period
required to be report under this rule?
Outstanding receipt of Money and Loan from
1st April, 2014 to 22nd January, 2019 (i.e. date of publication of notice) is
required to report in e-form DPT-3.
6. If Company received loan from Holding Company or Subsidiary Company or
Associate Company. Whether company need to file DPT-3?
As per rule 16A DPT-3 required to file for
each and every loan received by Company. Therefore, Company required to file
e-form DPT-3 even for loan received from H,S and Associate.
7. If a company not having any outstanding loan or outstanding receipt of
money as on 22.01.2019 (i.e. date of publication of rules). Whether company
need to file e-form DPT-3?
As per rule 16A DPT-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.
Therefore, one can opine that in the above
mentioned situation there is no need to file e-form DPT-3.
8. If some outstanding receipt of money or loan had become due before 01st
April, 2014, still continuing and outstanding in record of Company. Whether
such outstanding loan or receipt required to report in DPT-3.
As per rule 16A DPT-3 required to
file for each and every loan received by Company outstanding as on date of
publication of these rules (22.01.2019).
Therefore, one can opine that such
outstanding loan is required to report to ROC in e-form DPT-3.
9.
If Company received loan after 01st April, 2014 but such loan is not
outstanding as on 22.01.2019 (date of rules). Whether company need to report
such loan in DPT-3?
As per language of Rule 16A, company has to
report outstanding Loan and outstanding receipt of money to Roc in DPT-3. If
Company has already paid Loan and such loan is not outstanding in record of
Company. There is no need to inform such loan to ROC.
10.
If company doesn’t accept loan or doesn’t having any outstanding Loan. Whether
need to file DPT-3?
If there is no outstanding Loan or company
doesn’t accept any loan there is no need to file e-form DPT-3 with ROC.
DISCLAIMER: The information given in this document has been made on the basis of the provisions stated in the Notification. It is based on the analysis and interpretation of applicable laws as on date. Under no circumstances whatsoever, the blogger shall be responsible for any loss, claim, liability, damage(s) resulting from the use, omission or inability to use the information provided in the document.
CS Diwakar Agrawal
PH: +91-9911746549
