Filing of Form Dpt-3 Intimation of Loan to ROC
As part of new ROC compliance, MCA has notified amendment rules relating to acceptance of deposits by companies. Accordingly, by way of amendment, new Rule 16A has been introduced. Also, explanation has been added in Rule 16.
This is in continuation of some other forms recently introduced by MCA like filing of new form ACTIVE, MSME, BEN etc. All these new ROC compliance will increase the compliance burden of the assesse.
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Salient features of aforesaid amendment are given as under:
- New ROC filing has to be done in form DPT-3. This form will be used for filing return of deposits or return of particulars not considered as deposits or for both by all companies except government companies.
- ROC filing in form DPT-3 has to be done by all types of companies like small companies, private companies, OPC, public Ltd Companies etc. Also, it has to be filed every year after end of financial year before 30th
- First time ROC compliance of filing form DPT-3 has to be done before 30th June 2019.
- For aforesaid purpose, deposits will include everything which is included in definition of deposits as per companies Act and Rules like accepting loans from shareholders or public. Also, particulars not considered as deposits means whatever has been exempted under deposit rules and section 73.
- Anything not covered under deposits or not considered as deposits will also be required to be reported by filing form DPT-3 like Loans from Directors are not considered as deposits but we have to file form DPT-3. Similarly, loan from shareholders in private companies and loan from companies are not considered as deposits but we need to report.
- Accordingly, we need to report all kinds of loans and deposits like loan from directors, body corporates or other exempted deposits.
- Another amendment made is NEW RULE 16A which provides for filing ONE TIME RETURN IN FORM DPT-3. Every company except Government Company need to file onetime return of outstanding receipt of money or loan by a company but not considered as deposits within 90 days from the date of publication in form DPT-3.
- Following information are required to filed in form DPT-3 as per new Rule 16A:
- Details of all types of loans outstanding in company as on 22nd January 2019.
- Details of all types of outstanding receipt of money in company as on 22nd January 2019.
- Aforesaid form need to be filed within 90 days of publication of these rules. Accordingly, Due date is 22nd April, 2019.
- We need to mention outstanding loans and outstanding receipt of money for period 1st April 2014 to 22nd January 2019 in aforesaid form DPT-3.
Thus, it may be seen from aforesaid amendment that MCA is quite determined in identifying the companies which accepts loans and deposits and other form of money and want to have database of such companies for further future course of action.