Quick
References on DPT 3
Ø On
22nd of January 2019, the Ministry of Corporate Affairs come up with
a new amendment in the companies (Acceptance of Deposit) Rules 2019
Ø Every company
other than the government Company shall file a onetime return of outstanding receipts of Money/ Loan taken by the
company but not considered as deposits.
Ø This
E Form must be filled within 60 days from 31st day of March 2019.
Hence Due date of this E Form is 29th day of June 2019.
Ø Auditor
Certificate is one of the mandatory attachments of Form DPT-3, as per the amendment
Act but in E Form Released by the MCA it is not covered under mandatory part.
Ø Fees
shall be payable as per the Companies (Registration Offices and Fees) Rules,
2014 and it shall vary between rupees two hundred to rupees six hundred
depending upon paid up capital of the Company.
Which
Type of Loan Covered under DPT 3?
Ø DPT
3 is required for both Secured as well as for Unsecured loan
Ø All
the outstanding receipts of Money/ Loan taken from period 01st day
of April 2014 to 31st day of March 2019 will be covered under Form
DPT-3.
Ø In
a case where a company has already repaid loans before or on 31st
day of March 2019, then such a loan is no longer outstanding receipts of Money/
Loan, hence no required to file this E Form DPT-3.
Ø Even
if Loan/ Money has been Received before 01.04.2014 and Still outstanding as on
31.03.2019, then also required to file this E Form DPT 3. But if such loan repaid
before or on 31.03.2019, then company not required filing E Form DPT 3.
Some Particulars of the transaction not considered as Deposit, required to
give more attention.
Ø Any
amount from government or guaranteed by the Government, foreign government,
Foreign bank.
Ø Any
amount received from the bank or facilities from the bank, PFI.
Ø Any
Amount Received by the Company from another Company or inter corporate deposit.
Ø Any
Amount received from a person who, at the time of the receipts of the amount,
was a director of the company or a relative of the Director of the private
limited Company.
Ø Any
amount received from the employee of the company.
Ø Unsecured
loans from promoters.
Ø Any
amount received in advance in the course of or the purpose of the company
business, for the supply of business or provision of the service or as a
security deposit for the performance of the contract for supply of goods or
provisions of services.
Ø Any
other amount which is not considered as Deposit under Specified Rule.
Ease
of Doing Business
Ø Professional
Digital Signature is not required to file this E Form DPT 3.
Ø If
we see the format of DPT-3 as given in the said notification, then we can opine
that for now, onetime particulars of outstanding money or loan not considered
as deposits is required to be furnished in Form DPT-3. Maybe however, the
Companies in future ought to require furnishing information about loans/money
not considered deposits along with the loans/money considered as deposits as
well.
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