FAQ's on Filing of MCA Form DPT-3


FAQ’s on Filing of MCA Form DPT-3
With Companies (Acceptance of Deposits),Amendment Rules, 2019 , MCA introduced Form DPT-3 which mandates Filing of Details of Loan with ROC.
Language of Companies (Acceptance of Deposits) Amendment Rules, 2019:
Sub Rule 3 of Rule 16A : Every company other than Government company shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 01st April, 2014 to the date of publication of this notification in the Official Gazette, as specified in Form DPT-3 within ninety days from the date of said publication of this notification along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.”.

FAQ’s on Filing of MCA Form DPT-3

Whether all the companies are required to file form DPT-3 as per new rule 16A?

Yes all the Companies other than a Government Company are required to file Form DPT-3.

What is due date for filing of e-form DPT-3 in Rule 16A?

The Rule says , Form DPT-3 has to be filed within ninety days from the date of publication of this notification.
Now notification was published on 22nd Jan, 2019, so accordingly the due date of filing this form was 21st April 2019.
But as per General Circular No. 05/2019 the due date of Filing E-Form DPT-3 is 30 Days from the Date of Deployment of Form DPT-3 [As the New Form is Still not Deployed on MCA Portal]

What period is to be covered for filing this return?

The period which is covered for filing this return is from 1st April, 2014 to 31st March 2019 [General Circular No. 05/2019].

Form DPT-3 is required for filing which type of Loans?

If the Company is having any kind of Loan [Secured /unsecured/External Commercial Borrowings etc] form DPT-3 will be filed.
This form will be filed even if a Company has received loan from its Holding Company or Subsidiary Company or Associate Company.

If a company does not accept any loan or does not having any outstanding loan, then also company need to comply with the provisions of this rule?

If company does not accept loan or does not having any outstanding loan, there is not need to comply with the provisions of this rule.

It is very Important to note that only all outstanding Loan and outstanding receipt of money shall be reported.
Now for Example If  ABC Ltd was having a Loan on 1st Jan, 2019 but the same is repaid before 31st March, 2019, the following shall not be reported.

What are the attachments required with Form DPT-3 ?

1.) Auditor?s certificate [CA Certificate]
2.) Deposit Insurance contract ? Mandatory if company has deposit insurance and details of same are mentioned in the form
3.) Copy of trust deed ? Mandatory if company has trust deed and details of same are mentioned in the form
4.) Copy of instrument creating charge ? Mandatory if company has trust deed and details of same are mentioned in the form
5.) List of depositors – List of deposits matured, cheques issued but not yet cleared to be shown separately ? Mandatory if company has balance of deposits outstanding at the end of the year.
6.) Details of liquid assets
7.) Optional attachment, if any.

Also it is important to note that eForm is Non STP and will be processed by the office of Registrar of Companies

Do we need CS Certification for this form ?

No we do not need CS Certification for this form. But Auditor?s certificate [CA Certificate] is mandatory.

What is the applicable fees for Form 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

Fee applicable
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

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. In no event shall I shall be liable for any direct, indirect, special or incidental damage resulting from, arising out of or in connection with the use of the information.


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22 Comments

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  1. Could you please throw some light on the attachments mentioned? Companies that have not accepted deposits and who have not been filing Form DPT-3 every year need not attach Auditor certificate, Copy of trust deed, Copy of instrument creating charge, List of depositors, Details of liquid assets.
    If the filing is only pursuant to Rule 16(A) sub rule 3, these attachments make no sense.
    Please correct me if I am wrong.

    1. Logically you are right.
      But I have 2 concerns:
      1. Auditor certification is a mandatory requirement in form DPT 3.
      If one is not attaching the form, there will be a technical error in the form.( In doing check form)
      2. It would be prudent to have Auditor certification also because DPT 3 is non STP form.
      Please discuss

    1. Points releated to DPT-3
      It would be a certificate that the company has complied with Companies (Acceptance of Deposits), Rules.

    1. FORM IS NOT UPLOADED YET ON MCA SITE..
      MCA EXTENDS THE DATE OF FILLING OF FORM DPT-3 FROM THE DATE OF DEPLOYMENT OF FORM ON MCA PORTAL.

  2. 1) Is late filing fee for DPT3 is what you mentioned above or Rs 5000 per day?
    2) Is DPT3 newly introduced this year 2019 or it was previous year too?

    1. Dear Sir
      a) I have no where mention penalty of Rs. 5000/- in this article.
      b) Hello Sir DPT was there earlier also but now new version has been introduced.

    2. Apparently, till date, the reporting requirement in DPT-3 was applicable only to those companies which have accepted money considered as deposits as per Companies Act.
      But as per new amendment companies who have outstanding money or loan but they are not considered as deposits will also be reporting the same in new DPT-3.

  3. 1) Is DPT3 required if company has taken a loan from Director in March 2019?
    2) IS DPT3 required if company has received advance from the customer for export of services before 1 April 2014 and a very small part of that advance is still outstanding (not yet billed to the customer as services not yet delivered) as on 31 March 2019?

  4. I want to know whether the money is received as an advance against the supply and remaining unadjusted as on 31st March 2019 needs to be reported or not? If not, can we file Nil Return if no loans are outstanding as on 31st March 2019.