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What is DPT-3?
Mandatory Filing of Details of borrowings including borrowings in the nature of unsecured and secured Loan with ROC in form DPT-3 as prescribed under Companies (Acceptance of Deposits) Amendment Rules, 2019
Who is required to file DPT-3?
By Companies (Acceptance of Deposits) Amendment Rules, 2019: Every Company other than Government Company shall file a onetime return of outstanding receipt of money or loan given to company but not considered as deposits starting from 01st April 2014 to 31st March 2019 in e-form DPT-3 on or before 30th of May 2019.
1. This form needs to be filed by all companies other than Government Companies.
2. DPT-3 needs to be filed for both secured and unsecured Loan.
3. Even this is applicable for ECB loan availed from foreign holders.
4. Outstanding amount up to 31.03.2019 to be disclosed.
5. Company is required to file e-form DPT-3 even for loan received from Holding, Subsidiary and Associate.
6. If some outstanding receipt of money or loan had become due before 01st April 2014, still continuing and outstanding in record of Company, such outstanding loan amount is required to be reported to ROC in e-form DPT-3.
Transactions for which DPT-3 has to be filed?
Hence every company shall file form DPT -3 to ROC for the following transactions, if any, transacted by the Company:
1. particulars of unsecured loan received from directors or relative of directors
2. particulars of advance received from customers
3. particulars of any deposits in the nature of security deposits
4. particulars of credit facilities obtained from banks and financial institutions
5. particulars of any inter-corporate loans
6. particulars of any unsecured loans received from shareholders
What Attachments are Required with the Form?
Attachments Required with the Form:
- Auditor’s certificate
- Copy of trust deed – Mandatory if company has trust deed and details of same are mentioned in the form
- 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
Note: For further information below are the key highlights held on DPT 3 form filling by the ICSI.
KEY HIGHLIGHTS OF DPT-3
1. Form DPT-3 is exempted for Government Companies and NBFC Companies.
2. NIL RETURN IS ALSO COMPULSORY
3. Audit of Financials for FY 2018-19 is not compulsory for filing Form DPT-3
4. As per Rule 16 Figures filled in Form DPT-3 should be audited one for that Auditor Certificate may be obtained
5. Difference between One time Return and Annual Return.
6. In One time Return we need to fill the amount received after 01/04/2014 and outstanding on 31/03/2019 but in Annual return, date of receipt of amount is not important, it covers every amount outstanding on 31/03/2019 whether received on or before 01/04/2014.
7. 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.
8. 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.
9. One time return is need to be filed on or before 29th June, 2019 and annual return on or before 30th June
10. 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.
11. 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.
12. 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.
13. Auditor Certificate is not Compulsory but advisable to comply the words of Rule 16 even in case of NIL Return.
14. Some important examples What is deposit and what is Exempted
15. Inter-corporate Deposit is Exempted one but Loan from LLP is not Exempted one it is Deposit.
16. Loan from Director’s Owned Fund is exempted but from relative of Directors is not exempted
17. Amount from HUF is also Deposit as HUF is not any Body Corporate
18. Any Trade Advance for less than 365 days is Exempted one and Trade advance for more than 365 days is Deposit
19. Share Application Money due for less than 60 days is Exempted one and for more than 60 days is Deposit
Author Bio
My CS told that NIL Filling is mandatory in which i had filled it. So i want to know that : Is NIL Filling mandatory and if someone not filled is that person give penalty for it?
PLEASE PROVIDE PROCEDURE TO FILE FORM
nil return is not compulsory as clarified by officer of mca in icsi webinar?
For form DPT 3 auditor certificate is it from statutory auditors of company or any ca practicing can certify.
As per Rule 16 Figures filled in Form DPT-3 should be audited one for that Auditor Certificate may be obtained — In case the statutory Audit is conducted after the month of June then how the auditor certificate can be obtained ??
As per Rule 16 Figures filled in Form DPT-3 should be audited one for that Auditor Certificate may be obtained — In case of statutory audit is conducted by auditors after the month of June then how do auditor certificate may be obtained ??
16. Loan from Director’s Owned Fund is exempted but from relative of Directors is not exempted
regarding above point, for private limited companies, as per my view, loan from relatives of directors is exempted but for public companies it is not exempted.
Transactions for which DPT-3 has to be filed?
point no 2. particulars of advance received from customers
Please check this point and let me know will it is covered under deposits if not exceeded 365 days and will it comes under dpt 3 form for reporting since if advance from customers does not exceed 365 days, as per my view it is not deposits.