FAQ’s DPT-3 Mandatory Information of Loan to ROC - Series - 412
FAQ’s DPT-3
Mandatory Information of
Loan to ROC
In this Flash
Editorial author begins by referring provisions of Mandatory Filing of Details
of Loan with ROC in short then further continue with some important FAQ’s in
relation to DPT-3. The main thrust of the article, however, is upon the Latest
MCA [1]Notification
dated: 22nd January, 2019 with reference to Companies (Acceptance of
Deposits) Amendment Rules, 2019.
By Amendment Rule, 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?
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.
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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES
Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com). Disclaimer:
The
entire contents of this document have been prepared on the basis of relevant
provisions and as per the information existing at the time of the preparation.
Although care has been taken to ensure the accuracy, completeness and
reliability of the information provided, I assume no responsibility therefore.
Users of this information are expected to refer to the relevant existing
provisions of applicable Laws. The user of the information agrees that the
information is not a professional advice and is subject to change without
notice. I assume no responsibility for the consequences of use of such
information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE INFORMATION
Whether loan accepted from shareholders of Private Limited Company; which was considered as exempt deposit under the Companies Act, 1956 are required to be reported?
ReplyDeleteyes
DeleteIn my opiy,This report is meant for all loans/ deposit whether exemeted or otherwise.
ReplyDeleteDo we need to report the money received against issue of CCDs?
ReplyDeleteDebentures are debt to the company, so I think we should
ReplyDeleteAuditor’s certificate whether required for DPT-3 One Time Return:
ReplyDeleteThe amendment to one-time reporting is made by insertion of new sub-rule (3) in Rule 16A, whereas the requirement to obtain auditor’s certificate is contained in Rule 16 which pertains to Return of Deposit. Please clarify whether the one-time return is required to be supported by auditor’s certificate or not.
Use this reference from Vakilsearch for more information on DPT 3 filing
ReplyDeleteDPT-3 Filing is obligatory for organizations joined under the Companies Act. Record it now on the off chance that you have forthcoming credits or receipts and stay agreeable with the MCA rules. To know more click https://bit.ly/3klr8aV
ReplyDelete