DPT-3 form is a return of deposits that has to be filed by a company online on the MCA website for reporting outstanding loans not treated as deposits.
Form DPT-3 filing is mandatory for all companies other than a Govcompany company. Hence, all Private Limited Companies, OPC, Limited Company, or Section 8 Company have to file Form DPT-3.
Further, Every company liable shall file a return of outstanding receipt of money or loan by a company not considered as deposits from the 01st April 2014 to 31st March 2019, as specified in Form DPT-3 within ninety days from 31st March 2019 along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
Transactions not considered as deposits
- Amount recent from the government or foreign government or foreign bank or the amount guaranteed by the government.
- Money received as loan or facility from any Public Financial Institutions or Insurance companies
- The amount received by a company from a company
- Amount of science from the director or the company
- Subscriptions to securities
- Unsecured loans
- The amount received by the company from an employee
- The amount received as advance by the company for the supply of goods or provision of services.
Types of DPT-3
There are two types of returns as follows:
- One time return: The Return filed for an outstanding amount of money received and not classified as a deposit should only include money received after 1st April 2014 and the amount should have remained outstanding as on 31st March 2019.
- Annual return: The yearly return filed for the outstanding amount of money received and not classified as a deposit. It can include money received prior to 01 April 2014 and which is outstanding as on date. This return is to be filed every year.
Due Dates of both Returns
|Relevant Rule||Applicable to||Type of Return||Due Date|
|Explanation to rule 16||Every company other than Government Company||Annual Return||On or before 30th June of the next year.|
|Insertion of rule 16A (3)||Every company other than Government Company||One time return||On or before 29th Iune 2019.|
Who is exempt from filing the return?
Every company except a government company must file this return. Additionally, as per Rule 1(3) of the Companies (Acceptance of Deposits) Rules 2014, the following companies are also exempt:
- Banking company
- Non-Banking Financial Company
- A housing finance company registered with National Housing Bank
- Any other company as notified under proviso to subsection (1) to section 73 of the Act
Information required to furnish Form DPT-3
The particulars to be furnished are as follows:
- CIN of the company,
- Email ID,
- Objects of the company,
- Net worth of the company,
- Particulars of charge if any,
- Total amount outstanding as on 31st March 2019, particulars of credit rating.
STEP BY STEP PROCEDURE TO FILE FORM DPT-3
Time needed: 5 minutes.
- Enter CIN and click on Pre-fill.
Open the Form, type the CIN of the Company and click on pre-fill.
The basic details of the Company shall be pre-filled. However, you can edit the e-mail ID of the Company and enter a revised one.
- Select the Purpose of filing the form
Click on the tab applicable depending upon the Purpose of filing the form & Enter whether company is government company
- Enter the objects of the company
You can enter the objects of the company in case the same is not pre-filled.
- Enter the latest date of financial year-end
You have to enter such details only if the purpose is ‘Return of Deposit’ or ‘Particulars of transactions by a company not considered as a deposit or ‘Return of Deposit and Particulars of transactions by a company not considered as a deposit’ is selected
- Enter the details required for calculating the Net Worth
You have to enter the details as per the latest audited balance sheet preceding the date of the return of the Company
- Enter the maximum limit of deposit, total number of deposit holders as on 1st April and at the end of financial year and also, Particulars of deposits
You have to enter such details only if the purpose is ‘Return of Deposit’ or ‘Return of Deposit and Particulars of transactions by a company not considered as a deposit’ is selected.
- Enter Particulars of liquid assets & Particulars of a charge created & Enter total amounts of outstanding money
Amount of deposits maturing before 31st March next year and following next year, Amount required to be invested in liquid assets, etc
- Attach Documents, Sign Form, Submit & Upload
Attach required documents then Digitally sign the form And now you can submit the form and upload it on MCA portal.
Documents to be submitted while filing DPT-3
- Auditors certificate
- Copy of trust deed
- List of depositors
- Copy of instrument creating the charge
Fees for filing DPT-3
Fee applicable in case of company have share capital
|Nominal Share Capital||Fee applicable|
|Less than 1,00,000||Rupees 200 per document|
|1,00,000 to 4,99,999||Rupees 300 per document|
|5,00,000 to 24,99,999||Rupees 400 per document|
|25,00,000 to 99,99,999||Rupees 500 per document|
|1,00,00,000 or more||Rupees 600 per document|
Fee applicable in case of company not having share capital
|Rupees 200 per document|
Additional fee /Late Fees
|Period of delays||All forms|
|Up to 30 days||2 times of normal fees|
|More than 30 days and up to 60 days||4 times of normal fees|
|More than 60 days and up to 90 days||6 times of normal fees|
|More than 90 days and up to 180 days||10 times of normal fees|
|More than 180 days||12 times of normal fees|
Consequences of non-filing of DPT-3
In case the company doesn’t fill the Form DPT-3 and keeps on taking deposits, then the company has to face the penalty of Rs. 1 crore or twice the amount whichever is lower u/s 73. The maximum amount can go up to Rs. 10 crores.
Moreover, As per Rule 21, every officer will have to pay a default penalty up to Rs. 5000.
No, there is no exemption as such. Only government Companies are not required to file Form DPT-3.
No, the company has to furnish information only about the outstanding loan/money as on 31st March 2019.
Amount Outstanding in DPT-3 shall include both Principal and Interest Amount as on 31st March 2019.