DPT-3 for loan from shareholders

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Pooja Gupta

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Jun 27, 2019, 2:47:16 AM6/27/19
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Hello,

A Pvt. Ltd. Company has loan from its shareholders who neither a director nor a relative of director. In this case, which radio button is to selected? Please suggest.

 Pooja Gupta
 CS, LL.B, B.Com
Contact: +91-8130866878

Rajesh

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Jun 27, 2019, 3:00:38 AM6/27/19
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Radio Button 2 or 4.



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Satish Jain

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Jun 27, 2019, 3:16:53 AM6/27/19
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Why?  If it is taken before 1.4.14?

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Rajesh

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Jun 27, 2019, 3:20:00 AM6/27/19
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Satishji, then OTR is not required and as far as Annual Return is concerned, I think it is 2 or 4 (not very sure).

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Satish Jain

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Jun 27, 2019, 3:38:12 AM6/27/19
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Ya but it will be three, because it is exempted deposits? 

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Rajesh

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Jun 27, 2019, 3:54:27 AM6/27/19
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Right Satishji, but under which point in Annual Return can that be placed ?.

Confusing.

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Satish Jain

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Jun 27, 2019, 3:59:37 AM6/27/19
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Yes.  We can mention in promoter's point with clarification letter.  Personal view

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Swati Padaliya

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Jun 27, 2019, 4:01:55 AM6/27/19
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Dear Satishji,

It comes under Point 4 if it is exempt deposit, as point 3 said about exempted under deposit Rule 2(1)(c). So it will not shown under point 3. 

In case of private company - Clause (a) to (e) of Sub-section 2 of Section 73 shall not apply to private Companies which accepts from its members monies not exceeding one hundred per cent, of aggregate of the paid up share capital and free reserves, and such company shall file the details of monies so accepted to the Registrar in such manner as may be specified .

This is exempted because of above notification not under Deposit Rules 2(1)(c).

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Naveen Kumar

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Jun 27, 2019, 4:02:23 AM6/27/19
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Mr. Satish and Rajesh ji it not not exempted deposit please read defi. of deposit and it is considered as deposit and require Auditor Certiicate and select radio button either 2 or 4 if there is non deposit outstanding as on 31.03.19 or else only 2 button will be selected...  

On Thu, Jun 27, 2019 at 1:24 PM Rajesh <amigo...@gmail.com> wrote:
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Naveen Kumar

Purnima Bhasin

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Jun 27, 2019, 4:06:25 AM6/27/19
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Respected Members, 

I do agree with Swati Ji & Naveen ji. It will be filed under Radio button 4. as per the clarifications provided by Swati ji.

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Satish Jain

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Jun 27, 2019, 4:08:38 AM6/27/19
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We r talking about aunt received prior to 1.4.14

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Naveen Kumar

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Jun 27, 2019, 4:13:25 AM6/27/19
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Whether it is before 1.04.14 or after 1.04.14 if there is outstanding as on 31.03.19 it will be reported to ROC with two forms as One Time and Annual Return.....


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Satish Jain

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Jun 27, 2019, 4:14:15 AM6/27/19
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Lol in case of amount taken before 1.4.14 then Otr will not be applicable bro

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Naveen Kumar

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Jun 27, 2019, 4:57:01 AM6/27/19
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Mr. Satish R U stupid ....talking like LOL.....
If don't have a knowledge and anyone replying u what is applicable or not then u r talking like this ....
Read Properly Rule, Act and Instruction KIT then reply in this group with confidence...
and One more thing whatever outstanding before 1.04.14 and if is still outstanding as on 31.03.19 then it will be reported to ROC and if still u have doubt then ask with Joint Director MCA or any Senior Member they will answer u.... 

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Satish Jain

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Jun 27, 2019, 5:32:42 AM6/27/19
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Yes I am stupid. Thank you. Let others reply on your reply.  I can't explain you.  

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Bharath619

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Jun 27, 2019, 5:49:32 AM6/27/19
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Sir,

One time return required to be file only if Money received or loan availed by company after 01.04.2014 and which is still outstanding as on 31.03.2019.


On Thursday, June 27, 2019 at 1:43:25 PM UTC+5:30, csnaveenk wrote:
Whether it is before 1.04.14 or after 1.04.14 if there is outstanding as on 31.03.19 it will be reported to ROC with two forms as One Time and Annual Return.....


On Thu, Jun 27, 2019 at 1:38 PM Satish Jain <satish...@gmail.com> wrote:
We r talking about aunt received prior to 1.4.14

On Thu, Jun 27, 2019, 13:31 Swati Padaliya <swati03...@gmail.com wrote:
Dear Satishji,

It comes under Point 4 if it is exempt deposit, as point 3 said about exempted under deposit Rule 2(1)(c). So it will not shown under point 3. 

In case of private company - Clause (a) to (e) of Sub-section 2 of Section 73 shall not apply to private Companies which accepts from its members monies not exceeding one hundred per cent, of aggregate of the paid up share capital and free reserves, and such company shall file the details of monies so accepted to the Registrar in such manner as may be specified .

This is exempted because of above notification not under Deposit Rules 2(1)(c).

On Thu, Jun 27, 2019 at 1:24 PM Rajesh <amig...@gmail.com> wrote:

Right Satishji, but under which point in Annual Return can that be placed ?.

Confusing.

On Thu, Jun 27, 2019 at 1:08 PM Satish Jain <satish...@gmail.com> wrote:
Ya but it will be three, because it is exempted deposits? 

On Thu, Jun 27, 2019, 12:49 Rajesh <amig...@gmail.com wrote:

Satishji, then OTR is not required and as far as Annual Return is concerned, I think it is 2 or 4 (not very sure).

On Thu, Jun 27, 2019 at 12:46 PM Satish Jain <satish...@gmail.com> wrote:
Why?  If it is taken before 1.4.14?

On Thu, Jun 27, 2019, 12:30 Rajesh <amig...@gmail.com wrote:

Radio Button 2 or 4.



On Thu, Jun 27, 2019 at 12:17 PM Pooja Gupta <cspoo...@gmail.com> wrote:
Hello,

A Pvt. Ltd. Company has loan from its shareholders who neither a director nor a relative of director. In this case, which radio button is to selected? Please suggest.

 Pooja Gupta
 CS, LL.B, B.Com
Contact: +91-8130866878

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CS Swati Padaliya

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CS V Kartik

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Jun 27, 2019, 11:15:12 AM6/27/19
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Dear Pooja,

It's a deposit. You need to select radio button no 2 if you only have deposit. However besides deposit, if you have exempted deposits as well, then you will have to select radio button no 1 & 4 respectively.

Pankaj CS

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Jun 28, 2019, 2:26:32 AM6/28/19
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What if the same director is shareholder also and has given loan exceeding 100 % of paid up capital (no reserves as company recently incorporated in 2018). I am talking about private company.


On Thursday, 27 June 2019 13:31:55 UTC+5:30, swati03.padaliya wrote:
Dear Satishji,

It comes under Point 4 if it is exempt deposit, as point 3 said about exempted under deposit Rule 2(1)(c). So it will not shown under point 3. 

In case of private company - Clause (a) to (e) of Sub-section 2 of Section 73 shall not apply to private Companies which accepts from its members monies not exceeding one hundred per cent, of aggregate of the paid up share capital and free reserves, and such company shall file the details of monies so accepted to the Registrar in such manner as may be specified .

This is exempted because of above notification not under Deposit Rules 2(1)(c).

On Thu, Jun 27, 2019 at 1:24 PM Rajesh <amig...@gmail.com> wrote:

Right Satishji, but under which point in Annual Return can that be placed ?.

Confusing.

On Thu, Jun 27, 2019 at 1:08 PM Satish Jain <satish...@gmail.com> wrote:
Ya but it will be three, because it is exempted deposits? 

On Thu, Jun 27, 2019, 12:49 Rajesh <amig...@gmail.com wrote:

Satishji, then OTR is not required and as far as Annual Return is concerned, I think it is 2 or 4 (not very sure).

On Thu, Jun 27, 2019 at 12:46 PM Satish Jain <satish...@gmail.com> wrote:
Why?  If it is taken before 1.4.14?

On Thu, Jun 27, 2019, 12:30 Rajesh <amig...@gmail.com wrote:

Radio Button 2 or 4.



On Thu, Jun 27, 2019 at 12:17 PM Pooja Gupta <cspoo...@gmail.com> wrote:
Hello,

A Pvt. Ltd. Company has loan from its shareholders who neither a director nor a relative of director. In this case, which radio button is to selected? Please suggest.

 Pooja Gupta
 CS, LL.B, B.Com
Contact: +91-8130866878

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CS V Kartik

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Jun 28, 2019, 11:59:12 AM6/28/19
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Dear Pankaj,

In that case, consider the loan is received from a director & treat it as exempted deposit

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