What is Form DPT-3?

DPT-3 form is a one-time return form of loans that has to be filed by a company that has outstanding loans not treated as deposits.

According to the latest Ministry of Corporate Affairs (MCA) Amendments, it is mandatory for all the companies excluding the Government Companies to file a one time return for the outstanding receipts of money which are the loan of the company but are not considered deposits.

How did the Form DPT-3 Come into Existence?

On 22nd January 2019, the MCA (Ministry of Corporate Affairs) rolled out a new rule in the Companies (Acceptance of Deposits), Rules, 2014 and that new rule is DPT-3 form.

Companies (Acceptance of Deposits) Amendment Rules, 2019

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 22nd January 2019

G.S.R. 42(E).—In exercise of the powers conferred by clause (31) of section 2 and section 73 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government, in consultation with the Reserve Bank of India, hereby makes the following rules further to amend the Companies (Acceptance of Deposits) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Acceptance of Deposits) Rules, 2014 (hereinafter referred to as the said rules), in rule 2, in sub-rule (1), in clause (c), in sub-clause(xviii), after the words “Infrastructure Investment Trusts,” the words “Real Estate Investment Trusts” shall be inserted.

3. In the said rules, in rule 16, the following Explanation shall be inserted, namely:- “Explanation.- It is hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as a deposit or both by every company other than Government company.”.

4. In the said rules, in rule 16(A), after sub-rule (2), the following sub-rule shall be inserted, namely:- “

(3) 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.”.

Who has to File The DPT-3 Form?

Except for the Government companies, all other companies which include all private limited companies, OPC, limited companies or Section 8 Company have to mandatorily file this form.

What is the Last Date (Due Date) to File the DPT-3 Form?

As per the Companies (Acceptance of Deposits) Amendment Rules, 2019, all the companies have to compulsorily file the one-time deposit return in E-form DPT-3 within 90 days form the end Financial Year 2018-19. While filing the return, the company has to give all the details about the outstanding receipt of money or debt which are not treated as deposits from 1 April 2014 to 31st March 2019.

Which Period Loans Must be Covered Under the Form DPT-03?

All Outstanding receipt of Money or Loan by the company prevailed from 1st April 2014 up to 22nd January 2019 must be covered under the DPT-3 form.

Should Form DPT-3 be Filed if there is no Outstanding Loan?

No, the DPT-3 form must not be filed if there is no outstanding receipt of money or loan.

Who is Applicable to File the DPT-3 Form?

• According to the rule 16A, DPT-3 must be filed by all the companies who have received money and loan which is due.
• The DPT-3 form must be filed by all the companies including small, private, non-small, OPC, etc.
• Both secured, unsecured Loans along with advance for goods and services must be filed in the DPT-3 Form.
• Even if the Holding Company or Subsidiary Company or Associate Company obtains the loan then it also has to file the DPT-3 Form
• If the company has not paid the loan before 1st April 2014 which is still continuing then such loans have to be reported to the ROC under the DPT-3 Form.

Who is not Applicable to File the DPT-3 Form?

• If the company does not have any loan till 22nd January 2019, then the filing of DPT-3 form is not required.
• If the company takes a loan after 1 April 2019 or pays it before 22nd January 2019 and there is no record of an outstanding loan then the company does not have to file the DPT-3 Form.

Given below is a table of Effect of Amendment to understand it clearly.

Relevant Amendment	Applicable to	Type of Return	Due Date
Explanation to rule 16	Every company excluding Government Company	Return of deposit or particulars of the transactions not treated as a  deposit or both	On or before 30th June of the previous year.
Insertion of rule 16A (3)	Every company excluding Government Company	One time return of outstanding receipt of money or dept by a  company which is not treated as deposits as per rule 2 (1) (c)	On or before 30th May 2019.

Sample of the Form DPT-3

Given below is the sample of the DPT-3 Form with the Companies (Acceptance of Deposits) Amendment Rules, 2019