Company Law

How to file DPT-3 in case of Loan from shareholder?

Summary:

In this editorial author going to discuss how to file DPT-3 form when a Private Limited/ Public Limited Company having loan from shareholders (HUF, Trust, Individual etc.)

As per exemption notification dated 05th June 2015 and 13th June 2017 Private Limited Companies are allowed to accept Loan from Shareholders of Company after following the process mentioned under Section 73 of Companies Act, 2013.

Point of Editorial:

Where to mention loan from shareholder in e-form DPT-3?

As e-form DPT-3 divided under four remote buttons:

  1. Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014
  2. Return of Deposit
  • Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014
  1. Return of Deposit and Particulars of transactions by a company not considered as deposit

Deposit: As per definition of deposit, it is not mentioned anywhere that companies can accept loan from shareholder. However, if a company (private or public) accept loan from shareholder it shall be considered as Deposit and required to comply with compliances mentioned under Section 73 of Companies Act, 2013.

Exemption Notification: Due to exemption notifications to Private Limited Company, if private company accept loan from shareholders, they don’t require to comply with provisions of Section 73(2)(a) to (e).

Loan from shareholder as Deposit: However, after these notifications private companies can accept loan from shareholders. But this loan shall be considered as Deposit Only.

In other words, we can say, loan from shareholder shall be considered as allowable deposit for private limited company.

Conclusion:

As loan from shareholder shall be considered as deposit even for private limited Companies.

Therefore, if companies having loan from shareholders as on March 31, they have to select remote button no. 2 i.e. ‘Return of Deposit’ to show this amount.

One can opine that to show loan from shareholder Company always will select Remote Button No. 2 or Remote Button no. 4.

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).

Disclaimer: The entire contents of this document have been prepared based on relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information.

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IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

 

 

 

CS Divesh Goyal

CS Divesh Goyal is a Fellow member of ICSI, Practicing Company Secretary, and Steering Voice in the Corporate World. He is a Prop. at Goyal Divesh & Associates, Company Secretaries. He is a competent professional having enrich 6 years post qualification experience as Company Secretary with expertise in Corporate Law, FEMA, IBC, SEBI, RBI. He has written more than 600 editorials on Companies Act, 2013 to keep at pace with the latest changes and critically analyse the implications of various provisions of the Companies Act, 2013, Insolvency & Bankruptcy Code, 2016, FEMA, RBI, SEBI etc. He is a vibrant, sought after, and spellbinding speaker and has delivered more than 200 sessions on various aspects of Company Law at ICSI, ICAI, and online platforms. Apart from his passion for his work he also believes in elevating his profession and for that dream

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