DPT 3 Form Filing, Frequently asked questions on ROC form DPT 3, the due date of Form DPT 3 and all you need to know about it

Q 1. What is form DPT 3?

Ans: DPT-3 is a return of Deposits or particulars of transaction not considered as deposit or both which is to be filed by every company, other than Government Company on or before 30.06.2019.

The purpose is to provide the information to Registrar of Company about the loan/money received by the Company.

Q.2 How does one file form DPT 3?

Ans: One has to file DPT 3 in two ways-One-time Return from 01.04.2014 to 31.03.2019 (Amount received and outstanding) and Annual Return from 01.04.2018 to 31.03.2019 (Amount outstanding)

Q.3 What is the due date to file Form DPT 3? Are there any chances of extension of the due date of MCA Form DPT 3?

Ans: Due Date: Form DPT-3 has to be filed on or before 30th June 2019 and no extensions is proposed to be extended by the ministry

Q.4 Should one file NIL return in Form DPT 3?

Ans: There is no requirement to file NIL return in Form DPT-3.

Q.5 What is One Time Return Filing in Form DPT 3?

Ans: The Return filed for an outstanding amount of money received and not classified as a deposit should only include money received after 1st April 2014 and the amount should have remained outstanding as on 31st March 2019.

Q.6 What is Annual Return Filing in Form DPT 3?

Ans: Annual Return: The yearly return filed for the outstanding amount of money received and not classified as deposit can include money received prior to 01 April 2014 and which is outstanding as on 31 March 2019

Q.7 What is the approval process at ROC for form DPT 3?

Ans: E-form DPT-3 is not an STP return, and the same will be processed by the officials of the Ministry of Corporate Affairs before providing Approval.

Q.8 Which companies are exempted from filing form DPT 3?

Ans: Non-Banking Financial Company registered with Reserve Bank of India and Government Company is exempted from filing DPT-3.  However, insurance companies will not be eligible for such exemption as they are not registered with RBI.

Q.9 Should one attach an auditor’s certificate with form DPT 3? If yes, when?

Ans: Auditor’s Certificate has to be attached only if the e-Form DPT-3 is filed w.r.t radio button 2 & 4 ie for Return of Deposit (or) for both returns of deposit and exempted deposit.  If DPT-3 is filed only as one-time return or yearly return auditor certificate is not mandatory. There is no prescribed format for Auditor Certificate.

Q.10 Are Audited figures mandatory for MCA e-Form DPT-3?

Ans: Audited figures are not mandatory for e-Form DPT-3

Q.11 Should one include interest and Principal amount while filing the form DPT 3?

Ans: Amount Outstanding to be filled in DPT-3 shall include both Principal and Interest Amount as on 31st March 2019.

Q.12 What is ROC form DPT-4?

Ans: The Amount outstanding before 01st April 2014 which was considered as exempt under the 1956 Act but not under the 2013 Act should be reported in DPT-4 and must be repaid as per the Act. Else consequences as prescribed for violation of Acceptance of Deposit Rule will be attracted.

Q.13 What will the Loan received from the Director during his tenure but later resigned himself as director and the amount so borrowed is outstanding be considered in form DPT 3?

Ans: Any Loan received from the Director during his tenure but later resigned himself as director and the amount so borrowed is outstanding will be considered as Exempt Deposit. The Unsecured Loan has to be shown under the head 15(h) of the Form.

Q.14 What if a company’s Object clause does not match with MOA?

Ans: In case the Object Clause in DPT 3 form does not match with Company’s MOA then the Company need not alter the object clause by filing MGT-14. The difference could be because of the CIN Allotted under Companies Act, 1956 and NIC Code. The Company shall proceed to file DPT-3 even if object clause does not match with MOA.

Q.15 How should one calculate the net worth to file the MCA form DPT3?

Ans: Net Worth is to be considered as per the audited financials of 31st March 2018 and for the newly incorporated company Net worth is to be considered as per current balance sheet whether Audited or Not. Further, the Net worth has to be calculated as provided under Companies (Acceptance of Deposits) Rules, 2014 and not as per Companies Act definition.

Q.16 Will Share Application Money be considered as deposits?

Ans: Share Application money pending after 60 days will be considered as deposits even if it is received under the 1956 Act and the Application Money pending for less than 60 days will be considered as exempted deposits.

Q.17 Does a government company not shown as the government company need to file DPT 3?

Ans: The Company which is actually a government company but not shown as Government Company in the MCA has to still file DPT-3 though DPT-3 is exempt for Government Company. The Company shall get exemption only if the same is rectified with the Ministry of Corporate Affairs.

Q.18 Would the amount is taken from the promoter be considered as a deposit?

Ans:Amount taken from promoter though considered as exempt Deposits, the same has to be filed as an exempt deposit under DPT-3 if it is Outstanding.

Q.19 The company has to disclose the deposits of which Financial Year?

Ans: The Company has to disclose the amount outstanding in DPT-3 as on 31st March 2019, irrespective of their Financial Year whether it is April to March or January to December.

Q.20 Will the Advance for Supply of Goods be exempted?

Ans: The advance received towards the supply of goods up to 365 days will be treated as exempt and beyond 365 days it will be treated as deposits and same should be disclosed in DPT-3

Q.21 Would the government subsidy be taken into consideration as deposits?

Ans: Any Subsidy received from government is outstanding as on 31st March 2019 and the same is considered as deposit as per Rule 2(1)(c) of Companies (Acceptance of Deposits) Rule, 2014

Q.22 Should the loan from NFBC be disclosed in form DPT3?

Ans:  Loan amount received from an NBFC shall be disclosed as money received from other company in form DPT-3.

Any Compulsorily Convertible debentures issued beyond 10 years then it will be treated as deposits and the same has to be disclosed in DPT-3.

Any amount outstanding has been resolved by the company to be repaid on a particular date but could not be repaid due to any Governmental order the same has to be treated as Deposits and DPT-3 has to be filed along with the said order as an attachment.

Borrowings from the bank shall be treated as a deposit if the same gets Covered under Rule 2(1)(c) and it has to be disclosed in DPT-3

The Company has to File DPT-3 unless the Ministry of Corporate Affairs reflects that the Company has been struck off.

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