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Form DPT 3

dpt3

Table of Contents

What is Form DPT 3 – meaning and purpose

As per the Companies Act, 2013 (Rule 16 of the Companies (Acceptance of Deposit) Amendment Rules, 2019), all the organizations (except government organizations) are required to file a return in Form DPT 3 containing the details of outstanding loans. 

The purpose of bringing Form DPT 3 in force is to safeguard the interest of deposit holders and creditors of the company. The filing of Form DPT 3 provides information to the registrar of companies (ROC) about the loans received by the company.

Therefore, the companies have to mandatorily file return DPT 3 containing 

  • The details of deposits and
  • The transactions not considered as deposits

The companies can download Form DPT 3 from the MCA portal. It shall include details of both secured and unsecured loans. 

  • Annual return filing in Form DPT -3 

The annual return is to be filed for the period 1st April 2019 to 31st March 2020. It shall include all loans outstanding amounts, i.e., amounts not classified as deposits as on date.

  • One time return filing in Form DPT -3

The one-time return shall be filed for a period after 1st April 2014, and the amount should have remained outstanding as of 31st March 2019.

Eligibility for filing Form DPT – 3

  • Who has to file DPT 3 Form – Applicability of DPT 3

Following companies have to compulsory file the DPT 3 form:

  • Private limited company 
  • Public limited company
  • One Person Company 
  • Small company 
  • Who is not required to file Form DPT-3?

  • Government companies
  • Banking company 
  • NBFC registered under RBI
  • A housing company registered under National Housing Bank
  • Any other notified company under section 73(1) of the Act. 

Fees for filing Form DPT 3

For filing Form DPT 3, the organizations are required to pay statutory fees to the ROC. It depends upon the paid-up capital of the company as mentioned below:

Company Share Capital

Statutory Fees to ROC (Rs)

Less than 1,00,000

200

1,00,000 to 4,99,999

300

5,00,000 to 24,99,999

400

25,00,000 to 99,99,999

500

1,00,00,000 or more

600

However, delay in filing Form DPT 3 attracts additional fee/late fee as:

Period of delays

Additional fee

Up to 30 days

2x of normal fees

More than 30 days and up to 60 days

4x of normal fees

More than 60 days and up to 90 days

6x of normal fees

More than 90 days and up to 180 days

10x of normal fees

More than 180 days

12x of normal fees

Documents required to be attached with Form DPT 3

Here is the list of documents that are required to be attached while filing Form DPT 3:

  • Auditor’s certificate
  • List of matured depositors and cheque issued but not yet cleared. 
  • Copy of instrument generating the charge
  • Copy of trust deed
  • Details of all liquid assets
  • Any other optional attachment 

Step by step process for filing DPT 3 with MCA

Step 1: Download the DPT 3 Form by visiting the MCA portal.

Step 2: Enter all the required details, such as 

  • CIN of the company and click on pre-fill. It will automatically enter the basic details of the company. 
  • Company objective
  • Company’s net worth as per the latest audited balance sheet
  • The total amount of outstanding loans – not considered as deposits, liquid assets, particulars of charge created, etc.

Step 3: Review the details to avoid any errors and check if everything is filled correctly. After that, sign the Form with the director’s digital signature. 

Step 4: Upload the Form at the MCA portal with the applicable statutory fees.

Due date of filing DPT-3 Form

Type of Return

Due Date

Annual Return 

On or before 30th June of the succeeding year

One time return 

On or before 29th June 2019

Consequences of non -filing or late filing of DPT Form 3

Non-filing or delay in filing DPT 3 Form attracts the penalty as below:

Section 73

Penalty on company

Lower of:

  • Minimum 1 crore or
  • Twice the amount of deposits

However, such a penalty may extend up to Rs. 10 crores.

 

Penalty on officer

Every officer who is in default shall be liable for

  • Imprisonment up to 7 years and
  • Fine of minimum Rs. 25 lakhs which may extend up to Rs. 2 crores.

Rule 21

Penalty on company and officer in default

  • Fine extend up to Rs. 5000 and
  • If the default is a continuing one, then a fine of Rs. 500 per day

 

Conclusion

DPT 3 is a return that has to be filed by allthe companies online for reporting the outstanding loans, which are not treated as deposits.Companies can download Form DPT 3 easily at the MCA portal and follow the above-mentioned step to file it after paying the applicable fee. It is advisable to file the DPT 3 Form before the due date to avoid any penalty consequences.

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