DPT-3: Return of Unsecured Loan and Deposit by Company
Every Company other than Government Company has to file a One time of a Return of outstanding receipt of money or loan by but not considered as deposit under Rule 2 (1)(c) of Companies (Acceptance of Deposits) Rules.
The Return has to be filed in Form DPT-3 within 90 days of notification of Companies (Acceptance of Deposits) Amendment Rules, 2019. The Rule has been notified by MCA on 22.01.2019.
The return in DPT-3 is mandatory for all companies irrespective of size and Category.
Details of all the outstanding money or loan by the company but not considered as deposit have to be compiled for filing the return. A Certificate from the Auditor of the Company on this also required to be attached to the Return in Form DPT-3.
FAQ on Filing of DPT-3
1. Whether every company needs to file e-form DPT-3?
Yes. 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?
Due date of Filing of e-form DPT-3 is 22nd April, 2019. Because form required to file within 90 days of publication of these rules. (22nd January, 2019 + 90 days = 22nd April 2019)
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 rules, DPT-3 is required to file for each and every loan received by Company. Therefore, if Company has received ECB in such case Company have to mandatorily file e-form DPT-3.
5. In relation to which period, the outstanding Loan and outstanding receipt of money is required to be reported 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, 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 Holding Compamny / Subsidiary Company and Associate Companies.
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, 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, if there is no loan or outstanding money, there is no need to file e-form DPT-3.
8. If some outstanding receipt of money or loan had received 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 the Rules, 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, all kids of 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 RPOC 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.