Form DPT-3 is a regulatory filing required by companies in India as per the Companies Act, 2013. It is a declaration of deposits and outstanding loans received by a company from individuals, entities, or shareholders. The primary purpose of Form DPT-3 is to enhance transparency and protect the interests of depositors.
Any company, including private, public, and one-person companies, that has accepted deposits or loans falling under the definition of “deposit” as per the Companies Act, 2013, needs to file Form DPT-3. This includes both active and inactive companies, except for certain exemptions and exclusions specified in the law.
Form DPT-3 serves as a tool for the Registrar of Companies (RoC) to maintain a comprehensive record of deposits and loans accepted by companies. It helps in monitoring compliance, preventing fraudulent activities, and safeguarding the interests of depositors. The form requires companies to provide detailed information regarding the nature of deposits, amounts received, maturity dates, interest rates, and other related particulars.
Filing Form DPT-3 is a crucial compliance requirement, and failure to file or provide incorrect information can result in penalties and legal consequences for the company and its officers. Therefore, it is essential for companies to understand the applicability of Form DPT-3 and ensure timely and accurate filing to remain compliant with the Companies Act, 2013.
Applicability of Form DPT-3:
In India, companies are required to file Form DPT-3 with the Registrar of Companies (RoC) under specific criteria and situations. Here are the key points regarding the applicability of Form DPT-3:
1. Acceptance of Deposits: Any company that has accepted deposits from individuals, entities, or its shareholders falls under the purview of Form DPT-3. The definition of “deposit” includes any receipt of money by the company that is repayable with or without interest.
2. Exclusions and Exemptions: While most companies accepting deposits need to file Form DPT-3, certain exclusions and exemptions apply. These include banking companies, non-banking financial companies, and government companies, among others. However, it is essential to refer to the specific provisions of the Companies Act, 2013, and relevant notifications to determine the exact scope of exclusions.
3. Timeframe for Filing: Form DPT-3 must be filed within 90 days from the closure of the company’s financial year. The financial year-end is typically March 31st in India, and companies must ensure timely filing within the stipulated timeframe.
4. Reporting Obligations: Form DPT-3 requires companies to provide detailed information regarding the deposits accepted, including the nature of deposits, amounts received, maturity dates, interest rates, and the names of depositors. The form also requires disclosure of any defaults in the repayment of deposits or outstanding loans.
5. Penalties for Non-Compliance: Failure to file Form DPT-3 or providing incorrect information can lead to penalties and legal consequences for the company and its officers. Companies should ensure timely and accurate filing to remain compliant with the Companies Act, 2013.
Details Required in Form DPT-3:
In India, when filing Form DPT-3 under the Companies Act, 2013, companies are required to provide specific information and details regarding the deposits they have accepted. Here are the key details that need to be provided in Form DPT-3:
1. Nature of Deposits: Companies must disclose the nature of the deposits received, such as whether they are secured or unsecured, redeemable or non-redeemable, or classified under any specific category as defined by the Companies Act, 2013.
2. Amount of Deposits: The form requires companies to provide the total amount of deposits accepted during the financial year, including both the principal amount and any accrued interest.
3. Maturity Dates: Companies need to mention the maturity dates of the deposits accepted. This includes specifying the date on which the deposit is due for repayment to the depositor.
4. Interest Rates: The interest rates applicable to the deposits must be disclosed in Form DPT-3. This includes both fixed and floating interest rates, if applicable.
5. Names of Depositors: Companies are required to provide the names of depositors who have contributed to the deposits being reported in Form DPT-3. The details should include the names of individuals, entities, or shareholders from whom the deposits were received.
6. Default in Repayment: If there have been any defaults in the repayment of deposits or outstanding loans, companies must disclose such information in Form DPT-3. This includes providing details of any delayed or missed repayments and the respective amounts involved.
7. Paid-up Share Capital: Companies need to mention the total paid-up share capital as of the end of the reporting period. This refers to the amount of capital that has been subscribed to and paid by the shareholders of the company.
8. Accumulated Loss: The form requires disclosure of the accumulated loss, if any, as of the end of the reporting period. Accumulated loss refers to the total net loss incurred by the company over previous financial periods that has not been offset by profits.
Process of Filing Form DPT-3:
Filing Form DPT-3 in India involves several steps to ensure accurate and timely submission. Here is a step-by-step guide on how to fill and file Form DPT-3:
1. Obtain the Latest Version: Visit the official website of the Ministry of Corporate Affairs (MCA) or the relevant government portal to download the latest version of Form DPT-3. Ensure that you have the most recent format and instructions.
2. Gather Required Information: Collect all the necessary information and details related to the deposits accepted by the company during the financial year. This includes the nature of deposits, amounts received, maturity dates, interest rates, and names of depositors.
3. Fill in the Form: Open the downloaded Form DPT-3 in a suitable software program capable of editing PDF files. Fill in the form with the required details as per the instructions provided. Enter accurate and up-to-date information in the respective fields.
4. Cross-Verify and Review: Double-check all the information provided in Form DPT-3 for accuracy and completeness. Ensure that there are no errors, omissions, or discrepancies. Review the form thoroughly before proceeding.
5. Attach Required Documents: Identify and gather any supporting documents or attachments that need to be submitted along with Form DPT-3. This may include copies of agreements, certificates, or any other relevant documents related to the deposits.
6. Digitally Sign the Form: Use a valid digital signature certificate (DSC) to digitally sign the filled-in Form DPT-3. The digital signature ensures the authenticity and integrity of the form. Ensure that the DSC used is registered with the MCA.
7. Check for Director Identification Number (DIN): Ensure that the Directors’ Identification Numbers (DINs) of the directors signing the Form DPT-3 are valid and active. In case of any discrepancies or expired DINs, rectify the issue before proceeding.
8. File the Form: Access the MCA portal or the designated government portal for the e-filing of forms. Upload the digitally signed Form DPT-3 and any required attachments as per the portal’s specifications. Follow the instructions for successful submission.
9. Payment of Fees: Pay the requisite filing fees associated with Form DPT-3, if applicable. The fee structure may vary based on the amount of authorized share capital or other factors. Make the payment through the designated payment gateway or mode as specified on the portal.
10. Maintain Acknowledgment: After successful submission, download and save the acknowledgment receipt or challan generated by the portal. This receipt serves as proof of submission and should be retained for future reference.
Timelines for filing Form DPT-3 may vary, but generally, it must be filed within 90 days from the closure of the financial year. Ensure compliance with the specified timeline to avoid penalties or non-compliance issues.
It’s important to note that the process and requirements for filing Form DPT-3 may change over time. It is advisable to refer to the latest guidelines, instructions issued by the Ministry of Corporate Affairs or consult with legal professionals for accurate and up-to-date information on filling and filing Form DPT-3.