Mandatory filing of DPT-3 As per MCA Notification dated 22nd Jan 2019

Snippet of the Notification:

Companies (Acceptance of Deposits) Amendment Rules, 2019.

1. (1) These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Acceptance of Deposits) Rules, 2014 (hereinafter referred to as the said rules), in rule 2, in sub-rule (1), in clause (c), in sub-clause(xviii), after the words “Infrastructure Investment Trusts,” the words “Real Estate Investment Trusts” shall be inserted.

3. In the said rules, in rule 16, the following Explanation shall be inserted, namely:-

“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.”.

4. In the said rules, in rule 16(A), after sub-rule (2), the following sub-rule shall be inserted, namely:- “(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 days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.”.

Amendment:

> Applicability:

Every Company other than Government Company.

> Return:

One Time Return.

> E-Form (Return)

DPT-3

> Due Date

Every company to which Companies (Acceptance of Deposits) Amendment Rules, 2019 apply Shall file DPT-3 on or before the 30th day of June for the financial year ending on 31st March.

As per the notification dated. 22.01.2019

  • The Return shall be file within ninety days from the date of publication of this notification.
  • As per the above notification current date of filing of e-form DPT-3 is 22.04.2019 (i.e. 90 days from the date of Notification (22.01.2019)
  • Each and every loan received by Company outstanding as on date of publication of these rules (22.01.2019).

Company outstanding

> DPT-3. shall be about 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.

> DPT-3 is required to file for each and every loan received by the company

> For both secured and unsecured Loan.

> As per the Rule 16A, company has to report outstanding Loan and outstanding receipt of money to Roc in DPT-3.

> If there is no outstanding Loan/ company does not accept any loan then there is no need to file e-formDPT-3 with ROC.

Disclaimer: The article is based on the relevant provisions and as per the information existing at the time of the preparation.. IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT AND INDIRECT RESULT FROM THIS ARTICLE. This is only a knowledge sharing initiative.

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Name: JYOTI
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Location: New Delhi, IN
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7 Comments

  1. Sanjay says:

    my company has taken short term loan from Bank . Is this DPT-3 needs to be filed. Our CS is asking us to file where as I am of the view that it is not required. Can anyone guide us on this?

  2. CS Manish says:

    As per the forums like CSmysore, it says that it needs to be filed even if you have nil outstanding. There are refering to listen to ICSI Webinar on the same. This is just to get clarity on the same.

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