Author explains provisions of Mandatory Filing of Details of Loan with ROC in brief with some important FAQ’s 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 onetime 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.
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES, Company Secretary in Practice from Delhi can be contacted at csdiveshgoyal@gmail.com).
Author Bio
hi sir,
if a private limited company has taken unsecured loans form the Directors , whether it will be considered as deposits and do we need to file DPT – 3 in our case
“IF LOAN/MONEY HAS BEEN RECEIVED BEFORE 01.04.2014 AND STILL OUTSTANDING IN THE BALANCE SHEET, THEN ALSO INFORMATION IS REQUIRED TO BE FURNISHED?” couldn’t find the valid reason to this, why it has been specificaly said from 01-04-2014???
what is the meaning of Onetime return here what if loan taken after 22/01/2019.
Or is mandatory for private companies which take unsecured loan from directors and its relatives
According to the above mentioned article “If a company not having any outstanding loan or outstanding receipt of money as on 22.01.2019, there is no need to file e-form DPT-3 but the language mentioned in the notification is “from 1 April 2014 to 22nd Jan 2019” not as on 22.01.2019.
That according to me any outstanding between these years has to file DPT 3.
Please clarify the situation.