Form DPT 3

Last Updated at: May 06, 2020
137
All you Need to Know About Form DPT 3
  1. What is Form DPT 3?

  2. Which entities are not required to file DPT 3?

  3. What all documents are required to be submitted while filing DPT 3?

  4. What are the steps of filing DPT 3?

  5. Summary of Form DPT 3

  6. FAQs

What is Form DPT 3?

The Indian Government has brought in several changes and amendments to safeguard the rights of the traders and business owners and people who are directly or indirectly involved in the business operations. Moreover, one such aspect that we will be discussing in this blog is the Form DPT3 (MCA). Additionally, the Ministry of Corporate Affairs has brought Form DPT3; it is a return of deposit that every company must file to present information about the outstanding receipt of loans other than they deposit.

MCA, on January 22nd, 2010, declared that every company, whether government or non-government, must file a one time return in Form DPT3 (MCA). The amendment is made in the sub-rule (3) after sub-rule (2) in Rule 16A of Companies rule. Moreover, it explains that every company, whether government or not, must file a one time return of the receipt of the outstanding loan amount, but it will not consider as a deposit.

The following transactions are not the deposits:

  1.   Amount recent from the government or foreign government or foreign bank or the amount guaranteed by the government.
  2.   Money received as loan or facility from any Public Financial Institutions or Insurance companies
  3.   The amount received by a company from a company
  4.   Amount of science from the director or the company
  5.   Subscriptions to securities
  6.   Unsecured loans
  7.   The amount received by the company from an employee
  8.   The amount received as advance by the company for the supply of goods or provision of services.

Which entities are not required to file DPT 3?

Although all the companies have Form DPT3 applicability, the following companies don’t have Form DPT3 applicability

  1.   NBFCs that have registration by RBI
  2.   Government company but not the insurance company

 What all documents are to be submitted while filing DPT 3?

  1.   Auditors certificate
  2.   Copy of trust deed
  3.   List of depositors
  4.   Copy of instrument creating the charge

What are the steps of filing DPT 3?

The following steps will emulate the procedure for filing of DPT3:

  1. To begin with, you need to open the downloaded Form or DPT3 and enter the CIN of your company and click on pre-fill.
  2. You need to fill the primary details like the name of the company, email ID, registered office, type of company, the clause of the company. You can edit the email ID.
  3. After this, you need to click on One Time Return for Disclosure.
  4. Go to serial no. 8 and enter bifurcation of the worth of the company. It has to fill as per the balance sheet which has been recently audited.
  5. Then, you need to fill the outstanding amount received by the company on 31.03.2019.  Zero can fill here.
  6. You will see here that tab against serial no 13 and serial no 16 will appear, but you might not fill it for :

get legal advice now

Serial No. 13- particulars of the charge

Serial No. 16- credit rating obtained

There are no mandatory attachments that one needs to attach in case of onetime filing of Form DPT3. But, it is good if you attach the unaudited balance sheet. It will support the figure that you have mentioned in the Form.

  1. Following this, you must enter the resolution number and date authorization to sign the Form.
  2. Enter the designation of the person filing the Form. But, avoid mentioning the name of disqualified directors.
  3. Additionally, attach a digital signature and click on pre-scrutiny.
  4. After pre-scrutinizing the Form, file the same on the MCA portal.

What if the company doesn’t file the Form DPT3?

In case the company doesn’t fill the Form DPT3 and keeps on taking deposits, then the company has to face the penalty of Rs. 1 crore or twice the amount under Section 73. The maximum amount can go up to Rs. 10 crores.

As per Rule 21, every officer will have to pay a default penalty up to Rs. 5000.

Summary of Form DPT 3

Form DPT 3 applicability on companies– All companies expect for government companies need to fill DPT3. 

Form DPT 3 due date– One Time return in e-form DPT3 is required to be filed within 90 days of notification from the official gazette.

FAQs

1. While filling DPT3, is it important that one must enter the interest and principal amount?

It includes both interest and principal as on March 31st, 2019.

2. What is an onetime return filing in Form DPT?

One time return filing is the amount that is outstanding and is not classified as a deposit. It must not include money received after April 1st, 2014, and the amount that has been outstanding as on March 31st, 2019.

3. What is annual return filing in Form DPT3?

It is the yearly return filed for the outstanding amount of money received and is not classified as deposited. It includes the amount received before April 1st, 2014, or which has remained outstanding as on March 31st, 2019. 

 

 

 

0

Form DPT 3

137
  1. What is Form DPT 3?

  2. Which entities are not required to file DPT 3?

  3. What all documents are required to be submitted while filing DPT 3?

  4. What are the steps of filing DPT 3?

  5. Summary of Form DPT 3

  6. FAQs

What is Form DPT 3?

The Indian Government has brought in several changes and amendments to safeguard the rights of the traders and business owners and people who are directly or indirectly involved in the business operations. Moreover, one such aspect that we will be discussing in this blog is the Form DPT3 (MCA). Additionally, the Ministry of Corporate Affairs has brought Form DPT3; it is a return of deposit that every company must file to present information about the outstanding receipt of loans other than they deposit.

MCA, on January 22nd, 2010, declared that every company, whether government or non-government, must file a one time return in Form DPT3 (MCA). The amendment is made in the sub-rule (3) after sub-rule (2) in Rule 16A of Companies rule. Moreover, it explains that every company, whether government or not, must file a one time return of the receipt of the outstanding loan amount, but it will not consider as a deposit.

The following transactions are not the deposits:

  1.   Amount recent from the government or foreign government or foreign bank or the amount guaranteed by the government.
  2.   Money received as loan or facility from any Public Financial Institutions or Insurance companies
  3.   The amount received by a company from a company
  4.   Amount of science from the director or the company
  5.   Subscriptions to securities
  6.   Unsecured loans
  7.   The amount received by the company from an employee
  8.   The amount received as advance by the company for the supply of goods or provision of services.

Which entities are not required to file DPT 3?

Although all the companies have Form DPT3 applicability, the following companies don’t have Form DPT3 applicability

  1.   NBFCs that have registration by RBI
  2.   Government company but not the insurance company

 What all documents are to be submitted while filing DPT 3?

  1.   Auditors certificate
  2.   Copy of trust deed
  3.   List of depositors
  4.   Copy of instrument creating the charge

What are the steps of filing DPT 3?

The following steps will emulate the procedure for filing of DPT3:

  1. To begin with, you need to open the downloaded Form or DPT3 and enter the CIN of your company and click on pre-fill.
  2. You need to fill the primary details like the name of the company, email ID, registered office, type of company, the clause of the company. You can edit the email ID.
  3. After this, you need to click on One Time Return for Disclosure.
  4. Go to serial no. 8 and enter bifurcation of the worth of the company. It has to fill as per the balance sheet which has been recently audited.
  5. Then, you need to fill the outstanding amount received by the company on 31.03.2019.  Zero can fill here.
  6. You will see here that tab against serial no 13 and serial no 16 will appear, but you might not fill it for :

get legal advice now

Serial No. 13- particulars of the charge

Serial No. 16- credit rating obtained

There are no mandatory attachments that one needs to attach in case of onetime filing of Form DPT3. But, it is good if you attach the unaudited balance sheet. It will support the figure that you have mentioned in the Form.

  1. Following this, you must enter the resolution number and date authorization to sign the Form.
  2. Enter the designation of the person filing the Form. But, avoid mentioning the name of disqualified directors.
  3. Additionally, attach a digital signature and click on pre-scrutiny.
  4. After pre-scrutinizing the Form, file the same on the MCA portal.

What if the company doesn’t file the Form DPT3?

In case the company doesn’t fill the Form DPT3 and keeps on taking deposits, then the company has to face the penalty of Rs. 1 crore or twice the amount under Section 73. The maximum amount can go up to Rs. 10 crores.

As per Rule 21, every officer will have to pay a default penalty up to Rs. 5000.

Summary of Form DPT 3

Form DPT 3 applicability on companies– All companies expect for government companies need to fill DPT3. 

Form DPT 3 due date– One Time return in e-form DPT3 is required to be filed within 90 days of notification from the official gazette.

FAQs

1. While filling DPT3, is it important that one must enter the interest and principal amount?

It includes both interest and principal as on March 31st, 2019.

2. What is an onetime return filing in Form DPT?

One time return filing is the amount that is outstanding and is not classified as a deposit. It must not include money received after April 1st, 2014, and the amount that has been outstanding as on March 31st, 2019.

3. What is annual return filing in Form DPT3?

It is the yearly return filed for the outstanding amount of money received and is not classified as deposited. It includes the amount received before April 1st, 2014, or which has remained outstanding as on March 31st, 2019. 

 

 

 

0

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