DPT 3 – Preparation and Filing

What do we do?

We fill the DPT 3 form, getting it signed by the practicing professional permitted to attest the document and file the same with the MCA. The charges payable to MCA will be on actuals and will be in addition to our professional fees mentioned herein.

Summary on DPT 3

Filing of DPT-3 is applicable for those companies which receipt on money in any form (i.e. Loan, advance, deposits, or anything in any form of money) and which is outstanding as on 31st March.

Penal Consequences for non-filing of for DPT-3  Section 76A & Rule 21 of the Companies (Acceptance of Deposits) Rules, 2014 deal with the penal provisions. The language of the section 76A as follow: Where a company accepts or invites or allows or causes any other person to accept or invite on its behalf any deposit in contravention of the manner or the conditions prescribed under section 73 or section 76 or rules made thereunder or if a company fails to repay the deposit or part thereof or any interest due thereon within the time specified under section 73 or section 76 or rules made thereunder or such further time as may be allowed by the Tribunal under section 73.

The above provision only prescribed penal consequence for non- compliance w.r.t. deposit not for exempted deposit. It means mere non-filing of Form DPT-3 will not come under the penal provisions of section 76A. Rule 21 is as follows: If any company referred to in sub-section (2) of section 73 or any eligible company inviting deposits or any other person contravenes any provision of these rules for which no punishment is provided in the Act, As the consequence of non-filing of DPT-3 is not prescribed anywhere therefor, penal provisions of rule 21 will be applicable for non-filing of Form DPT-3 which is as below: the company and every officer of the company who is in default shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first day during which the contravention continues.