By Companies (Acceptance of Deposits) Amendment Rules, 2019 : “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 term 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 (i.e. 22nd January, 2019) in e-form DPT-3 within 90 days from the date of publication.”
You may be concerned about the timeline of the loan taken and paid by the company and the kind of loans that are required to be reported to the ROC in the e-form DPT-3. Here’s a detailed description of all that you need to know before filing the e-form DPT and the applicability of the same for different kind of loans.
The outstanding receipt of all the Money and Loan from 1st April 2014 to 22nd January 2019 (i.e. date of publication of the notice) is required to be reported in e-form DPT-3.
Outstanding receipt of money or loan by a company but not considered as deposits as on 22nd January 2019 needs to be reported.
All the companies, including small, non-small, private, OPC etc need to file DPT-3 after the publication on these rules.
Due date of Filing of e-form DPT-3 in rule 16A is 22nd April 2019 as form required to file within 90 days of publication of these rules. (22nd January 2019 + 90 days)
- As per rule 16A, DPT-3 required to file for each and every loan and money received by the Company which is due
- All the companies, including small, non-small, private, OPC etc need to file DPT-3 after the publication on these rules.
- DPT-3 required for filing for both secured, unsecured Loan and advance for goods and services.
- Loans obtained from Holding Company or Subsidiary Company or Associate Company would also be considered and DPT-3 needs to be filed for the same.
- If some outstanding receipt of money or loan had become due before 01st April 2014 and is still continuing and standing in the company, then such an outstanding loan needs to be reported to the ROC in the e-form DPT-3.
NOT APPLICABLE TO:
- Filing e-form DPT-3 is not required in a situation where the company doesn’t have any outstanding loan as on 22/1/2019.
- A loan that was taken after 1st April 2014 but has been cleared by the company before 22/1/2019 and is not outstanding under the records of the company need not be informed to the ROC
Particulars of receipt of money or loan by a company but not considered as deposits, at the end of financial year, in terms of clause (c) of sub-rule 1 of rule 2 of the Companies (Acceptance of Deposits) Rules,2014
Any amount received from
(i) the Central Government
(ii) a State Government; or any amount received from any other source whose repayment is guaranteed by the Central Government or State Government
(iii) Any amount received from a local authority
(iv) any amount received from statutory authority constituted under an Act of Parliament or a State Legislature
Any amount received from
(i) Foreign Governments; or
(ii) Foreign or international banks;
(iii) Multilateral financial institutions;
(iv) Foreign Government owned development financial institutions;
(v) Foreign export credit agencies;
(vi) Foreign collaborators;
(vii) Foreign body corporates;
(viii) Foreign citizens;
(ix) Foreign authorities or;
(x) Person residents outside India subject to the provisions of the Foreign Exchange Management Act, 1999(42 of 1999)
Any amount received as:
(i) A loan or facility from any banking company; or
(ii) From the State Bank of India or any of its subsidiary banks; or
(iii) From a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949(10 of 1949); or
(iv) A corresponding new bank as defined in clause (d) of section 2 of the banking companies (Acquisition and transfer of undertakings) Act, 1980(40 of 1980); or
(v) From a cooperative bank as defined in clause (b-ii) of section 2 of the Reserve Bank of India Act, 1934( 2 of 1934).
Any amount received as a loan or financial assistance from–
(i) Public Financial Institutions notified by the Central Government; or
(ii) Any regional financial institutions;
(iii) Insurance companies; or
(iv) Scheduled Banks as defined in the Reserve Bank of India Act, 1934(2 of 1934).
Any amount received against the issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the Reserve Bank of India.
Any amount received by the company from any other company.
Any amount received and held pursuant to an offer made in accordance with the provisions of the Act towards subscription to any securities including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of securities applied for.
Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company.
1. Any amount raised by the issue of bonds or debentures secured by a first charge or a charge ranking pari passu with the first charge on any assets referred to in Schedule III of the Act excluding intangible assets of the company; or
2. bonds or debentures compulsorily convertible into shares of the company within ten years.
Any amount raised by the issue of non-convertible debentures not constituting a charge on the assets of the company and listed on a recognized stock exchange as per applicable regulations made by the Securities and Exchange Board of India.
Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.
Any non-interest bearing amount received and held in trust.
Any amount received in course of, or for the purposes of the business of the company-
(i) As an advance for a supply of goods or provision of services accounted for in any manner whatsoever provided that such advance is appropriated against the supply of goods or provision of services within a period of three hundred and sixty five days from the date of acceptance of such advance.
(ii) As advance accounted for in any manner whatsoever, received in connection with consideration for immovable property under an agreement or arrangement, provided that such advance is adjusted against such property in accordance with the terms of agreement or arrangement.
(iii) As a security deposit for the performance of the contract of supply of goods or provision of services.
(iv) As advance received under long term projects for supply of capital goods except those covered under item (b) of sub-clause (xii) clause (c) of sub-rule (1) of the rule (2) of the Companies (Acceptance of Deposits) Rules, 2014.
(v) As an advance towards consideration for providing future services in the form of a warranty or maintenance contract as per the written agreement, if the period for providing such services does not exceed the period prevalent as per common business practice or five years, from the date of acceptance of such service whichever is less.
(vi) As advance received and allowed by any sectoral regulator or in accordance with directions of Central or State Government.
(vii) As an advance for subscription towards publication, whether in print or electronic to be adjusted against receipt of such publications.
(viii) Any amount brought in by promoters of the company by way of unsecured loans in pursuance of the stipulation of any lending financial institution.
(ix) Any amount received by a Nidhi company in accordance with the rules made under section 406 of the Act.
(x) Any amount received by way of subscription in respect of chit under the Chit Funds Act, 1982(4 of 1982).
(xi) Any amount received by the company under any collective Investment scheme in compliance with regulations framed by the Securities and Exchange Board of India.
(xii) Any amount of twenty-five lakh rupees or more received by a start up company, by way of convertible note (convertible into equity shares or repayable within a period not exceeding five years from the date of issue) in a single tranche, from a person.
(xiii) Any amount received by a company from –
(A) Alternate Investment Funds;
(B) Domestic venture Capital Funds;
(C) Infrastructure Investments Trusts;
(D) Real Estate Investment Trusts;
(E) Mutual Funds registered with the
Exchange Board of India.