Now every company except government companies has been notified by Government in its notification dated 22 Jan 2019 to submit to ROC electronic Form DPT 3. It shall furnish details of outstanding receipts or loans which are not in the nature of deposits in its mandatory filing of loan details to ROC.

 

1. Who Shall Submit Form DPT-3?

 

The Form DPT-3 needs to be submitted electronically by all the companies registered in India except government companies, banking companies, NBFCs and housing finance companies.

 

2. Which companies are required to file DPT-3?

 

The E-Form DPT-3 as per rule 16A is required to be filed by all companies (except government companies), which includes all

 

1. public companies
2. private companies
3. small companies
4. dormant companies
5. one person companies etc

 

3. What is The Due Date of Submitting Form DPT-3 by The Companies?

 

As per Rule 16A, form DPT-3 shall be electronically submitted by all the companies by 22nd April 2019. As per the government notification dated 22nd Jan 2019, this form must be submitted within 90 days of publishing of notification.

 

4. What is The Change Brought by Companies (Acceptance of Deposits) Amendment Rules, 2019?

 

The Companies (Acceptance of Deposits) Amendment Rules, 2019 have set to widen the reporting requirements. Previously, only deposits or items in nature of deposits were required to be reported but after the amendment rules, it has also included in its scope loans and other outstanding receipts.

 

5. Which Category of Loans are Required to be Reported in DPT-3?

 

In form DPT-3, as per notification dated 22 Jan 2019, the entire amount of money which the company has received or remains outstanding, is required to be reported. The information can be categorized as:

1. all outstanding receipts
2. unsecured loans
3. secured loans

But the details mentioned above shall not include any amount considered as deposits.

 

6. For Which Period DPT 3 Shall be Filed as per the Amendment?

 

As per the amendment rules dated 22nd Jan 2019, DPT 3 shall be filed for outstanding loans and receipt of money (not being deposits) starting from 1 April 2014. It means the loans and advances or amounts of money receivable which have been undertaken on or after 1 April 2016 and still not fully settled shall be reported.

 

7. What are the Documents Required to be Attached with DPT-3?

 

While furnishing form DPT 3 these documents are required to be attached:

1. Certificate of the auditor
2. Proof of trust deed
3. An instrument creating a charge
4. Particulars of liquid assets
5. Others, if any

 

8. What is the Periodicity of Filing DPT-3?

 

DPT-3 shall be filed one time, that is, for outstanding receipt of money or loan not considered as deposits incurred between 1April 2014 to 22nd Jan 2019, DPT-3 shall be filed till 22nd April 2019, under sub-rule 2(1)(c),

 

9.  What are the disclosure requirements by the Private Company?

 

If a private company accepts a loan from directors or relatives then in addition to DPT 3, it shall also disclose the information regarding these transactions in its Board’s Report and Notes to accounts.

 

10.  What will be the Penalties and Consequences in Case of Non-Compliance?

 

Not filing DPT 3 within the given due dates shall attract a penalty of Rs. 5,000 and Rs. 5,000 per day in case of a continuing default on the company and its officers in default.

 

 

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