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All About DPT-3

DPT–3 form is the statement return which is needed to be filed by every company except government company which has accepted deposits as per the definition mentioned in section 73 and rules made thereunder.

DPT–3 form is filed as per the rule 16 of Companies (Acceptance of deposit) rules. It is a one-time return form of loans that required to be filed by a company who has outstanding loans not treated as deposits.

As per the latest Ministry of Corporate Affairs (MCA) Amendments, it is essential for all the companies excluding the Government Companies to file a one-time return for the loan of the company which are not considered as deposits.

Latest Updates

Form DPT-3 has been included in the list of forms under the CFSS (Companies Fresh Start Scheme) 2020, according to the recent update there is no late fee will be applicable if the form is filled till 30th of September 2020.

Who should file Form DPT 3?

The MCA has made it mandatory for all companies registered in India other than Government companies to file Form DPT-3.

According to the rule, if you are falling under any category, you need to file Form DPT 3. Small companies also are required to file.

  1. Private Limited Company
  2. Public Limited Company
  3. One Person Company (OPC)
  4. Small Company

Which Period Loans Need to be Covered in DPT-03?

All Outstanding Loan by the company prevailed from 1st April 2014 up to 22nd January 2019 need to be covered in DPT-3 form.

Form DPT-3 when there is no Outstanding Loan?

The DPT-3 form does not be filed if there is no outstanding receipt of money.

What is the objective of DPT 3?

The main objective of electronic form DPT 3 was to develop a one-time return for receipts not considered as deposits as well as disclosure of receipts considered as deposits according to the Companies Act 2013.

Companies NOT required filing the form DPT–3

There are various companies who do not need to file the Form DPT–3. The list of such companies is mentioned below:-

  1. Banking companies.
  2. Non-Banking Finance Companies (NBFC)
  3. A housing finance company
  4. Others as notified.

As per the new rule from section 73 these companies are not required to file DPT-3

Type of Return Filing of DPT 3

DPT-3 can be divided into two parts, as follows:

  1. One-time return
  2. Annual return

One-time Return Under Form DPT 3

The one-time return under form DPT-3 is to be filed by the companies if the amount received is outstanding from 1st April 2014 till 31st July 2019.

Annual Returns Under Filing Form DPT 3

Annual returns are filed yearly for the amount received before 1st April 2014 and is still outstanding.

What are the consequences of non-filing?

If the company missed to file DPT-3 then they need to face some consequences.

As per Section 73

Penalty- minimum IMR 1 crore or twice the amount of deposit whichever is lower, which may extend to INR 10 crores.

For every officer who involve in default imprisonment up to 7 years and with a fine not less than INR 25 lacs which may extend to INR 2 crores.

As per Rule 21

Penalty- On the company and every officer in default a fine which may extend up to INR 5000, and where the contravention is a continuing one, a fine of INR 500 for every day since the default.

What are the Filing fees?

The filling fees of DPT-3 will be payable as per the Companies (Registration Offices and Fees) Rules.