Overview of DPT-3 Filing in India
Registering a company is not the end goal. Corporate compliance post-registration in India plays an important to ensure the smooth functioning and growth of businesses. The Ministry of Corporate Affairs (MCA) has laid down several legal compliances that companies registered under the Companies Act 2013 have to adhere to in order to maintain transparency, accountability, and financial integrity. Among all the regulatory requirements, companies that accept deposits have to ensure timely DPT-3 filing. The DPT-3 filing is related to the declaration of deposits by companies in which the company have to provide a detailed report on the nature, amount, and terms of the deposits accepted during a financial year.
DPT-3 filing became mandatory in 2019, and a notification was issued by the Ministry of Corporate Affairs. Prior to this, companies were not required to disclose such deposits in a structured way, which led to significant issues like unregulated financial activities, lack of transparency, and concern over improper handling of public funds. Many companies were accepting deposits without proper management, which created opportunities for fraud and mismanagement. The introduction of the DPT-3 filing aimed to address these concerns to make sure that the companies disclose every deposit they accept, including those which are exempted under certain provisions, such as deposits from directors or shareholders. The compliance not only helps the government to maintain better control over the financial practices of corporations but also provides a clear picture of financial dealings to the company. Though DPT-3 filing is not applicable to every business, it is mandatory for the companies that accept deposits, and failure to comply with this compliance can result in penalties on the company as well as its directors and legal consequences.
What is DPT-3 Filing?
DPT-3 filing means an annual declaration that all the companies have to submit to the Ministry of Corporate Affairs (MCA) containing the details of the deposits accepted by the company during a financial year. Section 73 of the Companies Act 2013 mandates that every company that has accepted or renewed any deposit has to file a return with the Registrar containing the particulars of the deposits within three months from the end of each financial year. The main objective of the DPT-3 filing is to maintain transparency about the financial activities of the company, especially regarding the acceptance of public deposits.
Who Needs to File DPT-3?
- Companies Accepting Public Deposits: Companies that have received public deposits during the financial year need to file this form.
- Companies Not Accepting Deposits: Even if the company has not accepted any deposits during the financial year, they have to file this form every year to declare the same.
- Private Companies: Private companies that have accepted public deposits have to file the DPT-3 form.
Exemption from Filing DPT-3 Form
Every company in India has to file a DTP-3 return, but government companies along with the companies as per Rule 1(3) of the Companies (Acceptance of Deposits) Rule, 201,4 are exempted from filing DPT-3 returns:
- Government Companies or Companies Owned by the Government.
- Companies that only accept deposits from their directors
- A housing finance company registered with the National Housing Bank
- Banks and Financial Institutions
- Non-Banking Financial Company
- Exempted Deposits
Amount/Transaction not Considered as ‘Deposits’
- The amount received from the Director or a relative of the director of the Private Company holding the position of director at the time of lending.
- Amount received from the government or guaranteed by the government, foreign government/foreign bank.
- Deposits from Shareholders in Private Companies
- Loan or Amount from another company (Body Corporate).
- Amount secured by bonds or debentures
- Deposits from Banks, Financial Institutions, or Government Bodies
- Security Deposits from Employees
- Advance Payments for Goods and Services
- Amount under the Reserve Bank of India (RBI) or Securities and Exchange Board of India (SEBI)
- Amount received by the company from its employee provided that the amount does not exceed its annual salary as per its appointment letter.
- Receipt of Rs. 25 lakh or more in a single tranche by a startup in the form of a convertible note.
- The amount received as an unsecured loan from the partners of the entity
- Amount received from Nidhi Company or as ‘subscription’ in respect of chit under the Chit Funds Act, 1982
- The amount received by the company from a collective investment scheme, alternate investment funds or mutual funds registered with SEBI.
Documents Required for DPT-3 Filing
Before starting the DPT-3 filing, you will need to gather the following essential documents:
- Board Resolution: A copy of the resolution passed by the board of directors regarding the acceptance or non-acceptance of public deposits.
- Auditor’s Certificate: The auditor’s certificate confirms compliance with the regulations for accepting public deposits.
- Public Deposit Details: Copies of any contracts or agreements related to the public deposits, if applicable.
- Financial Statements: The latest audited financial statements for the company to confirm the figures related to deposits and borrowings.
- Proof of Public Deposit Acceptance: In case of accepted deposits, proof of the deposits made by individuals or entities.
- Copy of Trust Deed: If the deposits are given in a trust, then you need to provide the copy of the trust deed.
- List of Depositors: Give the details of individuals or entities that have made deposits in the company. It should include their names, amount, identification information about the depositors, contact details, etc.
- Details of Liquid Assets: It includes the company's assets that can be converted into cash.
- Any Additional Documents: Depending on the nature of the deposit, additional documents may be required to be attached. It can include legal documents pertaining to the deposits, clarification on deposits, etc.
Step-by-Step Process for DPT-3 Filing Online
Follow the following steps to file DPT-3 form online
Step 1: Log in to the MCA Portal
To begin the DPT-3 filing process, the first step is to log in to the Ministry of Corporate Affairs portal.
- Access the MCA Portal: Visit www.mca.gov.in.
- Log in using your registered credentials. If you don’t have an account, you’ll need to create one by providing the necessary information.
Step 2: Navigate to e-Forms
Once you are logged in to your account, proceed with the following steps:
- Under the MCA Services tab, click on e-Forms.
- From the list of available forms, search for DPT-3. This is the form you need to file if your company has accepted public deposits or is confirming that no deposits were accepted during the financial year.
Step 3: Fill in the Required Details
When you open the DPT-3 form, you will be asked to fill in several important details. These include:
- Company Details: Provide your company's Corporate Identification Number (CIN) and other basic company details.
- Public Deposit Information: If your company has accepted public deposits, enter the following:
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- Amount of deposits accepted.
- The number of depositors.
- The interest rate paid on these deposits.
- Any other relevant information regarding the deposits.
- Declare whether your company complies with the conditions laid down for accepting public deposits under the Companies Act, 2013.
Step 4: Attach Documents
Make sure that you attach the supporting documents as mentioned above
Step 5: Calculate and Pay the Filing Fee
After attaching the documents, the next step is to file a fee for DPT-3. The fee depends upon the company's authorized share capital. The calculation of the fee structure is as follows:
Authorized Share (in ₹) |
Capital Fee (in ₹) |
Up to 1,00,000 |
200 |
1,00,001 to 5,00,000 |
300 |
5,00,001 to 10,00,000 |
400 |
Above 10,00,000 |
500 |
Step 6: Submit the Form
After cross-checking all the details, click on the submit button. After submitting the form, the MCA will generate a confirmation receipt acknowledging that your DPT-3 filing has been successfully submitted. The receipt is proof that you have complied with the filing requirement for the given financial year. So, Save the receipt!
Due Date for Filing DPT-3 Return
You need file the DPT-3 form annually with the Ministry of Corporate Affairs (MCA) by 30th June of every year.
Penalties for Non-Filing of DPT-3
Failing to file the DPT-3 form can lead to significant penalties for both the company and its directors. In addition to the company’s penalty, the directors of the company can also be held personally liable and may face additional fines or penalties. If the company continues to neglect its obligation to file the DPT-3 form, the Ministry of Corporate Affairs (MCA) may take legal action. This could include investigations, audits, and even lawsuits. The longer the non-compliance persists, the more severe the potential consequences.
Penalty for Company |
Penalty for Officers |
₹1 crore or twice the deposit amount. Maximum penalty can be ₹10 crores |
Can be imprisoned for imprisonment that can stretch up to 7 years with a fine of ₹25 lakh to ₹2 crore |
Fine up to ₹5,000 with an additional fine of ₹500 per day for continuous default in non-filing. |
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Why Choose Kanakkupillai?
At Kanakkupillai, we understand that DPT-3 filing can be tough and complex. That is why we are here to help you and make things easy for you. From drafting the required documents to filing the form, we ensure that you remain stress free. We handle everything including preparing the documents to giving you clear instructions on the required paperwork, we make sure you maintain compliance with land regulations.
To guarantee that your business is completely compliant, our committed team of experts keeps up with the most recent modifications to laws and regulations. Our objective is to help you avoid the difficulties of legal requirements by providing dependable and reasonably priced assistance at every stage.
At Kanakkupillai, we believe every business is unique. That’s why we offer customized solutions to your needs. With our affordable pricing you can remain hassle free and confident that DPT-3 will be on the right tract.
For dependable, reasonably priced services that meet the demand of your business, Choose Kanakkupillai!
Frequently Asked Questions
What is the purpose of DPT-3 Filing?
The DPT-3 form is a declaration that a company files with the MCA to report on public deposits or confirm that no public deposits were accepted during a financial year.Who is required to file DPT-3?
Companies that accept public deposits or those that wish to confirm they have not accepted any deposits during a financial year must file DPT-3.When is the due date for filing DPT-3?
DPT-3 have to be filed by 30th June of every year.How do I calculate the filing fee for DPT-3?
The filing fee is calculated based on the company's authorized share capital. A higher authorized share capital results in a higher filing fee.Can private companies file DPT-3?
Yes, private companies that have accepted public deposits have to file DPT-3. If they haven’t, they still need to file the form to declare that no deposits were accepted.What is the penalty for not filing DPT-3?
If a company does not file DPT-3, it can face a penalty of up to ₹1,00,000, and the company’s directors may also be held personally liable for non-compliance.What makes Us Different
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