Expert Assistance

DPT-3 FILING

1. What is Form DPT-3?
DPT-3 is the Annual Return of Deposits and Particulars of Transactions Not Considered as Deposits under the Companies (Acceptance of Deposits) Rules, 2014, read with Section 73 of the Companies Act, 2013.

• Full Form: Deposit-3.

• Purpose: The primary goal is to ensure transparency and allow the Registrar of Companies (ROC) to monitor a company's financial liabilities, specifically its outstanding loans, advances, and deposits.

• Key Requirement: The form must be filed annually to report all outstanding amounts of money or loans received by a company as of March 31st of the financial year.

2. Applicability: Who Must File DPT-3?
The filing is mandatory for every company registered under the Companies Act, 2013, with very few exceptions.

• Required to File:

  • Private Limited Companies

  • Public Limited Companies

  • One Person Companies (OPCs)

  • Section 8 Companies (Non-profit organizations)

  • Small Companies

The requirement applies even if the company has only exempted loans, such as loans from Directors, banks, or other body corporates, which are specifically excluded from the definition of a 'deposit' under the rules. The intent is to capture all outstanding financial liabilities, whether classified as a 'deposit' or an 'exempted deposit'.

• Exempted from Filing:

  • Government Companies

  • Banking Companies

  • Non-Banking Financial Companies (NBFCs) registered with RBI

  • Housing Finance Companies (HFCs) registered with the National Housing Bank

3. Types of Filings and Due Date
DPT-3 is an annual compliance requirement.

• Due Date: The annual DPT-3 form must be filed on or before June 30th every year, reporting the outstanding balances as of March 31st of the preceding financial year.

• Purpose Options in the Form: When filing, the company must select one of the following four options based on its outstanding amounts:

  1. Return of Deposit: For companies having actual deposits (as defined under the Act) outstanding.

  2. Particulars of Transactions Not Considered as Deposit: For companies having only exempted deposits/loans (e.g., loan from a director, bank loan). This is the most common option for Private Limited Companies.

  3. Return of Deposit and Particulars of Transactions Not Considered as Deposit: For companies having both actual deposits and exempted deposits.

  4. One-Time Return: (This was a one-time requirement introduced in 2019 and is generally not applicable for current annual filings).

4. Required Information and Documents
The information provided in the form must be certified by the company's statutory auditor (if applicable).
Key Information Required in DPT-3:

• Corporate Identification Number (CIN) and Company Email ID.

• Company's Net Worth (as per the latest audited balance sheet).

• Total amount of secured loans outstanding as of March 31st.

• Total amount of unsecured loans/advances/receipts outstanding as of March 31st.

• Details of charges, if any (e.g., mortgage, lien).

• Ageing analysis of outstanding loans/receipts.

Mandatory Documents to Attach:

1. Auditor's Certificate: A certificate from the statutory auditor confirming the accuracy of the figures reported (mandatory for actual deposits, often required for exempted deposits as well).

2. Board Resolution: Copy of the Board Resolution authorizing the filing of the form.

3. Latest Audited Financial Statement: The Balance Sheet and Profit & Loss statement for the financial year.

4. Details of liquid assets (if applicable).

5. List of depositors (if actual deposits are involved).

5. The Filing Process (How to File)
Form DPT-3 is a web-based e-form filed through the Ministry of Corporate Affairs (MCA) portal.

1. Access MCA Portal: Log in to the MCA website using authorized credentials (Business User).

2. Access Webform: Navigate to MCA Services $\to$ e-Filing $\to$ Deposit Related Filings $\to$ DPT-3 Webform.

3. CIN and Pre-fill: Enter the company's CIN and click pre-fill. All basic details (Name, Address) will auto-populate.

4. Select Purpose: Crucially, select the correct purpose (e.g., Particulars of transactions not considered as Deposit).

5. Data Entry: Enter the required financial details, particularly the Net Worth and the breakdown of outstanding loan amounts as of March 31st.

6. Attach Documents: Upload the Auditor's Certificate, Board Resolution, and Financial Statements.

7. Digital Signature (DSC): The form must be authenticated using the Digital Signature Certificate (DSC) of a director, company secretary, or manager.

8. Payment and Submission: Pay the applicable government filing fee (which varies based on the company's authorized capital) and submit the form.

9. Acknowledgement: A Service Request Number (SRN) and an acknowledgement email will be generated, confirming the filing.

6. Consequences of Non-Filing
Failure to file Form DPT-3 on time can lead to severe penalties for both the company and its officers:

• Late Filing Fees: Delayed filing attracts additional fees ranging from two times up to twelve times the normal filing fee, depending on the period of delay.

• Penalties under Section 73: If the company continues to accept deposits or loans without complying with the rules:

  • Company Fine: Minimum penalty of ₹1 crore or twice the amount of deposits (whichever is less), which may extend up to ₹10 crore.

  • Officers in Default: May face imprisonment up to 7 years and a fine ranging from ₹25 lakh to ₹2 crore.

• Rule 21 Penalty: Both the company and officers in default may face a fine of up to ₹5,000, with an additional fine of ₹500 per day for continuing contravention.
  
  To give you the most useful details, please specify:

1. Leave and License Termination: Do you need more information on the legal steps, documentation for a breach, or the formal handover process?

2. Corporate Compliance (DPT-3/Address Change): Do you need more information on:

3. The Auditor's Certification requirements for DPT-3?

4. The exact definition of "Deposits" vs. "Exempted Deposits" for DPT-3?

5. The detailed procedure for filing the RD/NCLT petition (for Inter-State Address Change)?

6. The specific GST/Tax implications of changing the Registered Office?