FAQ’s on Filing of MCA Form DPT-3
With Companies (Acceptance of Deposits),Amendment Rules, 2019 , MCA introduced Form DPT-3 which mandates Filing of Details of Loan with ROC.
Language of Companies (Acceptance of Deposits) Amendment Rules, 2019:
Sub Rule 3 of Rule 16A : 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.”.
FAQ’s on Filing of MCA Form DPT-3
Whether all the companies are required to file form DPT-3 as per new rule 16A?
Yes all the Companies other than a Government Company are required to file Form DPT-3.
What is due date for filing of e-form DPT-3 in Rule 16A?
The Rule says , Form DPT-3 has to be filed within ninety days from the date of publication of this notification.
Now notification was published on 22nd Jan, 2019, so accordingly the due date of filing this form was 21st April 2019.
But as per General Circular No. 05/2019 the due date of Filing E-Form DPT-3 is 30 Days from the Date of Deployment of Form DPT-3 [As the New Form is Still not Deployed on MCA Portal]
What period is to be covered for filing this return?
The period which is covered for filing this return is from 1st April, 2014 to 31st March 2019 [General Circular No. 05/2019].
Form DPT-3 is required for filing which type of Loans?
If the Company is having any kind of Loan [Secured /unsecured/External Commercial Borrowings etc] form DPT-3 will be filed.
This form will be filed even if a Company has received loan from its Holding Company or Subsidiary Company or Associate Company.
If a company does not accept any loan or does not having any outstanding loan, then also company need to comply with the provisions of this rule?
If company does not accept loan or does not having any outstanding loan, there is not need to comply with the provisions of this rule.
|It is very Important to note that only all outstanding Loan and outstanding receipt of money shall be reported.
Now for Example If ABC Ltd was having a Loan on 1st Jan, 2019 but the same is repaid before 31st March, 2019, the following shall not be reported.
What are the attachments required with Form DPT-3 ?
1.) Auditor’s certificate [CA Certificate]
2.) Deposit Insurance contract – Mandatory if company has deposit insurance and details of same are mentioned in the form
3.) Copy of trust deed – Mandatory if company has trust deed and details of same are mentioned in the form
4.) Copy of instrument creating charge – Mandatory if company has trust deed and details of same are mentioned in the form
5.) List of depositors – List of deposits matured, cheques issued but not yet cleared to be shown separately – Mandatory if company has balance of deposits outstanding at the end of the year.
6.) Details of liquid assets
7.) Optional attachment, if any.
|Also it is important to note that eForm is Non STP and will be processed by the office of Registrar of Companies|
Do we need CS Certification for this form ?
No we do not need CS Certification for this form. But Auditor’s certificate [CA Certificate] is mandatory.
What is the applicable fees for Form DPT-3?
Fee applicable in case of company have share capital
|Nominal Share Capital||Fee applicable|
|Less than 1,00,000||Rupees 200 per document|
|1,00,000 to 4,99,999||Rupees 300 per document|
|5,00,000 to 24,99,999||Rupees 400 per document|
|25,00,000 to 99,99,999||Rupees 500 per document|
|1,00,00,000 or more||Rupees 600 per document|
Fee applicable in case of company not having share capital
|Rupees 200 per document|
Additional fee /Late Fees
|Period of delays||All forms|
|Up to 30 days||2 times of normal fees|
|More than 30 days and up to 60 days||4 times of normal fees|
|More than 60 days and up to 90 days||6 times of normal fees|
|More than 90 days and up to 180 days||10 times of normal fees|
|More than 180 days||12 times of normal fees|
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