Dear Sir/Madam,

This is regarding the new requirement of the Companies Act, 2013 read with the Companies
(Acceptance of Deposits) Rules, 2014 for filing of eForm DPT-3 by every Company other than
Government company. For DPT-3 shall be used for filing return of deposit or particulars of
transaction not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance
of Deposit) Rules, 2014.

In this mail we are not explaining the requirement/provisions for filing of Form DPT-3 by a
company having deposits because, this requirement was there since 2014.

A. Reference to relevant provisions of the Act

Rule 2(1) of the Companies (Acceptance of Deposit) Rules, 2014, as amended, contains the
transactions not considered as deposits. The following link can be accessed for detailed
definition.

http://ebook.mca.gov.in/Childwindow1.aspx?pageid=18773&type=RU&ChildTitle=Chapter
%20V%20The%20Companies%20(Acceptance%20of%20Deposits)%20Rules,%202014#a1302

B. Types of Form DPT-3 and applicability to Companies:

Every Company other than Government Company having the above transactions which are
not considered as deposits shall file two DPT-3 eforms. The purpose and due dates of the
two forms are as follows:

 One form is only a Onetime Return which has to be filed on or before 29th June 2019
specifying “Total amounts of outstanding money or loan received by a company on
or after 01st April 2014 and outstanding as on 31st March 2019, which are not
considered as deposits as per the above the rule”.

 Apart from the Onetime return, the Company shall file every year within 30th June,
a return containing the Particulars of transactions by a company not considered as
deposit outstanding as on 31st March of the Financial year. Accordingly, the yearly
return in DPT-3 for amounts outstanding as on 31st March 2019 shall be filed on or
before 30th June 2019.

The eForm is to be digitally signed by the Director, Manager, CEO, CFO or Company Secretary
who shall be authorized by a board resolution to file the same. Auditor’s Certificate is not
mandatory for a Company filing DPT-3 only for transactions other than deposits.

It may be noted that, if none of the conditions as specified in rules above is satisfied for any
amount outstanding (other than Share Capital), the particular amount should be treated as
deposit as per provisions of Companies Act and the same would attract serious penal
consequences. If a Company has both deposits and transactions not considered as deposits,
the Company should specify both the particulars in Form DPT-3.

C. Penal Consequences for non-filing of Form DPT-3 within due date:

 1. Additional fee:

Period of delays Each Form

2 times of normal fees being Rs. 200/- to
Up to 30 days
Rs. 600/- based on share capital
4 times of normal fees being Rs. 200/- to
More than 30 days and up to 60 days
Rs. 600/- based on share capital
6 times of normal fees being Rs. 200/- to
More than 60 days and up to 90 days
Rs. 600/- based on share capital
10 times of normal fees being Rs. 200/- to
More than 90 days and up to 180 days
Rs. 600/- based on share capital
12 times of normal fees being Rs. 200/- to
More than 180 days
Rs. 600/- based on share capital

2. The company and every officer of the company who is in default shall be punishable
with fine which may extend to Rs.5,000/- and where the contravention is a
continuing one, with a further fine which may extend to Rs.500/- for every day after
the first day during which the contravention continues.
Checklist of documents/details required for filing DPT-3:
We require the following details/documents for filing Form DPT-3(One time return and
Annual return) for FY 2018-19.
1. Net Worth as per the latest audited balance sheet preceding the date of the return
in the below format.

2. Total amounts of outstanding money or loan received by a company on or after

01st April 2014 and outstanding as on 31st March 2019 which are treated as deposits.

3. Particulars of amounts outstanding not considered as deposits as on 31st March 2019

(irrespective of date of receipt of amount) including the nature of amount
outstanding and the respective classification in financial statements.

4. DSC of the Director, Manager, CEO, CFO or Company Secretary authorized by board
resolution to file Form DPT-3 along with the board resolution.
Immediate response/action in this regard from the management would be highly
appreciated for timely filing of Form DPT-03 well before due date to avoid penal
consequences of Companies Act. Please feel free to revert back in need of any further
clarifications.