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Form DPT-3 Return Filing

Explore all the details you need about Form DPT-3 Return Filing, tailored for your needs.

Every company, excluding government companies, must file Form DPT-3 by June 30th to report deposits, loans, and amounts that don't qualify as deposits.

The DPT-3 return includes details of deposits, outstanding loans, and non-deposit amounts as of March 31st each year. The return is audited by the company's auditor for compliance and accuracy.

Introduction to DPT-3 Filing

To safeguard the interests of creditors and depositors, the Central Government, in consultation with the Reserve Bank of India, introduced an amendment to the Companies (Acceptance of Deposits) Rules 2014 through the Companies (Acceptance of Deposits) Amendment Rules 2019.

In line with this, MCA, vide its notification dated 22nd January 2019, notified that every company other than a government company must file a one-time return in DPT 3. It is also required to be filed annually.

  • One-time Return: Every company, other than a government company, must file a one-time return of outstanding receipt of money or loan by a company but not considered as deposits from 01st April, 2014 to 31st March, 2019.
  • Filing Deadline: The one-time return must be filed within ninety days from 31st March, 2019, as specified in Form DPT-3.

Eligible Companies for Form DPT-3 Return Filing

Form DPT-3 applies to various company types in India, with certain loans also requiring filing.

Private Limited Companies

Private limited companies must file Form DPT-3 if they have any deposits or loans to report.

Public Limited Companies

Public limited companies are also required to file Form DPT-3 to disclose their deposits and loans.

One Person Companies (OPC)

One Person Companies (OPCs) are eligible for filing Form DPT-3, similar to private and public limited companies.

Small and Non-Small Companies

Both small and non-small companies need to comply with DPT-3 filing regulations if they have outstanding loans or deposits.

Holding Company Loan

If a company has obtained a loan from its holding company, filing Form DPT-3 is mandatory.

  • Holding Company: A company that provides a loan to the borrowing company, which holds a controlling stake.

Exempted Companies from Filing Form DPT-3

Under the Acceptance of Deposits Rules of 2014, certain companies are exempted from filing the DPT-3 form as per the Companies Act. The exemptions primarily relate to the filing of loan returns.

Government Companies

  • Companies wholly owned and controlled by the Central or State Government are exempt from filing DPT-3.

Specified Financial Institutions

  • Certain financial institutions are exempt due to their existing regulatory framework, including:

Banking Companies

  • Banks regulated by the Reserve Bank of India (RBI) are not required to file DPT-3.

Non-Banking Financial Companies (NBFCs)

  • NBFCs registered with the RBI are exempt.

Housing Finance Companies

  • Companies registered as housing finance companies under the National Housing Bank (NHB) do not need to file DPT-3.

Other Notified Companies

  • In rare cases, the Ministry of Corporate Affairs (MCA) might notify specific companies under a special provision (proviso to subsection (1) of section 73 of the Act) for exemption from DPT-3 filing.

Form DPT-3 Applicability

All companies, except those mentioned under exemptions, are required to file the DPT-3 return if they have received certain types of financial transactions, such as deposits, loans, or advances.

Deposits from Members or Directors

  • Companies must file DPT-3 if they have received deposits from members or directors.

Loans from Third Parties

  • Loans received from third parties require companies to file Form DPT-3.

Advances for Goods or Services

  • Companies receiving advances for goods or services, whether secured or unsecured, need to file Form DPT-3.

Types of Money or Debts

  • Form DPT-3 applies to the following types of money or debts:

Secured Debts

  • Loans or obligations backed by collateral or security.

Unsecured Debts

  • Loans or debts without collateral or security.

External Borrowings

  • Debts or borrowings from external sources, such as financial institutions or banks.

Commercial Borrowings

  • Loans or debts obtained for commercial purposes.

Transactions Not Considered as Deposits for DPT-3 Filing

Form DPT-3 focuses on reporting deposits a company receives. The following transactions are not considered deposits and do not require DPT-3 filing:

Share Capital

  • Money received from shareholders for shares is not considered a deposit.

Debentures Issued

  • Loans from investors, treated separately from deposits.

Advances on Orders

  • Payments received upfront for confirmed orders are not considered deposits.

Government Receipts

  • Money received from government or foreign sources is exempt from being classified as a deposit.

Loans from Banks

  • Money borrowed from banks or financial institutions does not qualify as a deposit.

Inter-Company Loans

  • Loans received from other companies are not treated as deposits.

Subscription Advances

  • Money paid in advance for upcoming securities is not classified as a deposit.

Employee Deposits

  • Security deposits from employees up to their annual salary are excluded.

Form DPT-3 Due Date

The due date for filing Form DPT 3 is June 30th of every year. This deadline applies to all companies required to report their deposits or outstanding receipts of loans or money not considered deposits for the financial year ending on March 31st.

Financial Year

  • The financial year in India typically runs from April 1st to March 31st of the following year.

DPT-3 Reporting

  • Companies must report all deposits and outstanding receipts that occurred during this financial year.

Due Date

  • The deadline to file DPT-3 for the previous financial year falls on June 30th.

Documents Required for Filing Form DPT-3

To complete the filing of Form DPT-3, the following documents are typically required:

Auditor's Certificate

Optional Documents (depending on your specific situation)

Fees for Filing Form DPT-3

The fees for filing Form DPT-3 are determined as per the Companies (Registration Offices and Fees) Rules.

Consequences of Non-compliance with the DPT-3 filing

Non-compliance with the DPT-3 filing requirement pursuant to Rules 16 and 16A of the Companies (Acceptance of Deposits) Rules, 2014 can lead to penalties and other legal consequences. Therefore, it is in the best interest of companies to diligently complete and submit the form to the MCA within the stipulated timeframe. By doing so, companies can maintain good standing with regulatory authorities and ensure that their financial activities are in accordance with the applicable laws and regulations.

DPT-3 Penalty

According to the Companies Act 2013, if a company or any of its officers fail to comply with the filing requirement of Form DPT-3 or commit any default related to the filing, they can be subjected to penalties.

  • Fine for the Company

    The company itself can be fined an amount that may extend up to five thousand rupees.

  • Fine for Officers in Default

    The officers of the company who are responsible for the default can also be fined an amount that may extend up to five thousand rupees.

  • Additional Fine for Continuing Contravention

    If the contravention or default is a continuing one, i.e., it persists beyond the first day, then a further fine may be imposed. This additional fine can be up to five hundred rupees for each day after the first day, during which the contravention continues.

These penalties are intended to ensure compliance with the filing requirements and regulations under the Companies Act 2013. For companies and their officers to fulfil their obligations, including the timely and accurate filing of Form DPT-3, to avoid such penalties and maintain compliance with the law.

How to File DPT-3?

Form DPT-3 is a web-based form that must be filed online through the Ministry of Corporate Affairs (MCA) website. The process involves several steps, which are outlined below to give you a comprehensive understanding of the DPT 3 filing procedure. If you encounter any issues or need professional assistance, our experts are always available to help.

1

Visit the MCA Portal & Login

Go to the MCA website. This is the official portal for all e-filing and services provided by the Ministry of Corporate Affairs, including the filing of Form DPT-3. Log into your account. If you do not have an account, you can create one by registering as a Business User.

2

Access the DPT-3 Webform

Once logged in, go to the main menu, and under the MCA Services section, click on e-filing services. From the dropdown menu, select Deposit Related Filings and then access the DPT-3 Webform. The entire process is conducted online from start to finish.

3

Fill Out & Submit the Form Online

Fill out the form with the required details like CIN of the company, email ID, business activities, net worth, charge particulars, and outstanding amounts. Attach the necessary supporting documents in digital format.

Forms to be used: Form DPT-3

4

Submit the Form to Generate SRN

After filling out the form and attaching the required documents, submit the form online. A Service Request Number (SRN) will be generated, which you can use to track the status of your form until all formalities are completed.

5

Affix the DSC & Pay the Required Fee

Authenticate the form with the applicant's Digital Signature Certificate (DSC) and pay the required fee for the DPT-3 filing. The fee varies based on the company's nominal or paid-up capital and increases accordingly.

6

Receive the Acknowledgement Mail

You will receive an acknowledgement of your filing on your registered email address, confirming that the Registrar of Companies has received the return of deposits for the financial year.

File Form DPT-3 with Ease through Solocorp!

Solocorp offers a convenient and reliable solution for filing Form DPT-3.

Our expert team assists companies with compliance requirements, ensuring a smooth and hassle-free filing process.

Contact our team today to benefit from our professional services and fulfill your legal and compliance obligations.

  • 1

    Convenient Filing Process

    Our team helps you file Form DPT-3 seamlessly, handling all the details from start to finish.

  • 2

    Expert Assistance

    Our experts guide you through the filing process, ensuring you meet all compliance requirements.

  • 3

    Timely Filing

    We ensure that your filing is done within the stipulated time frame to avoid penalties.

  • 4

    Complete Legal Compliance

    With Solocorp, you can rest assured that all your filings are in line with legal and regulatory standards.

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Startup
Registrations
MCA Services
Recovery of shares
Trademark
Goods & Services Tax
Income Tax
Compliances