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Foreign Company, Deposits & Nidhi Services | Specialised MCA Compliance | N D Savla
Specialised MCA Compliance

Foreign Company, Deposits & Nidhi Services
Specialist MCA Compliance Under the Companies Act 2013

FC forms for foreign companies operating in India, DPT-3 return of deposits and outstanding loans, and NDH forms for Nidhi companies — three specialised compliance regimes, each with its own forms, thresholds, and deadlines, handled by CA and CS professionals.

Part of our Company Compliance practice: Company Compliance Annual Filings Change Management Approval Services

Overview

What Do Foreign Company, Deposits & Nidhi Services Cover?

These services bring together three unrelated but equally specialised compliance areas. A foreign company is one incorporated outside India that has a place of business here, and it must file information and annual returns with the Registrar. The deposit rules govern money a company accepts, and also require an annual return of loans and other amounts that are not treated as deposits. A Nidhi company is a member-based mutual benefit company with its own returns and thresholds. They are grouped together because each applies only to particular companies and each demands specialist handling.

These are less common than mainstream company filings, but they are closely monitored. Getting them wrong — or missing them — can attract heavy additional fees and, for a Nidhi, even a bar on accepting deposits. The forms are less familiar, the thresholds and classifications are easy to misread, and the consequences of error are real. This is compliance that rewards specialist attention.

N D Savla & Associates is a firm of Chartered Accountants and Company Secretaries in Mumbai that handles these specialised filings alongside a company's wider compliance and annual filings. The three areas are distinct, so we treat them separately — but manage them as part of one joined-up compliance calendar.

The Three Areas

Foreign Company, Deposits & Nidhi — At a Glance

AreaApplies ToKey Forms
Foreign companyA company incorporated outside India with a place of business in IndiaFC-1, FC-2, FC-3, FC-4
DepositsCompanies that accept deposits, or hold loans and other receiptsDPT-1, DPT-3
Nidhi companyA member-based mutual benefit companyNDH-1, NDH-2, NDH-3, NDH-4

Who This Applies To

When Does This Compliance Apply to Your Company?

Each of the three regimes applies to a distinct category of company. Understanding which applies — and what its specific obligations are — is the first step in getting these filings right:

Foreign Companies in India

Any company incorporated outside India that has a place of business here — through a branch, liaison office, project office, or electronic means — must register in Form FC-1 within 30 days and file annual accounts (FC-3) and annual return (FC-4) every year.

Companies with Loans & Deposits (DPT-3)

DPT-3 is not only for companies that accept formal deposits. Most companies must file it annually by 30 June — even those with only director loans, inter-corporate loans, or other outstanding receipts on their books as on 31 March. This is one of the most commonly missed annual returns.

Nidhi Companies

A Nidhi company — a member-based NBFC that accepts deposits from and lends to its members only — must apply for Nidhi declaration in NDH-4 within 120 days of incorporation, maintain member, capital, and ratio thresholds, and file NDH-1 and NDH-3 returns regularly.

Multi-Entity & Group Structures

Corporate groups where some entities hold loans, others have foreign parents with Indian presence, and perhaps a Nidhi structure within the group — the specialised filings for each entity must be tracked and filed correctly alongside the standard annual compliance cycle.

Filing Deadlines

Key Periodic Filings & Deadlines

Across the three areas, the recurring filings and their deadlines are:

FilingFormWhen Due
Foreign company registrationFC-1Within 30 days of establishing a place of business in India
Foreign company — alterations in documentsFC-2On any change in charter, office, or directors
Foreign company annual accountsFC-3After the financial year, as prescribed
Foreign company annual returnFC-4Within 60 days of close of financial year
Return of deposits and amounts not treated as depositsDPT-3Annually, by 30 June (amounts as on 31 March)
Nidhi — application for declarationNDH-4Within 120 days of incorporation
Nidhi — return of statutory compliancesNDH-1Within 90 days of close of financial year
Nidhi — half-yearly returnNDH-3Every half-year
DPT-3 applies more widely than most companies realise: DPT-3 is not only for companies that take formal deposits. Most companies must file it annually, by 30 June, to report outstanding loans and other amounts received that are not treated as deposits as on 31 March. A company with only director loans or inter-corporate loans still has to file DPT-3 — which is why it is one of the most commonly missed annual returns.
⚠ Nidhi thresholds were raised in 2022: A Nidhi company now needs minimum paid-up equity capital of Rs 10 lakh, at least 200 members, and Net Owned Funds of Rs 20 lakh, with the Net Owned Funds to deposit ratio within 1:20. Failing these conditions — or a rejected NDH-4 — bars the company from accepting deposits or lending, removing its entire purpose.

Our Services

How We Handle These Specialised Filings

We manage each of these specialised regimes end to end — the right filing is made correctly and on time, while Nidhi thresholds are kept under ongoing watch.

01

Applicability Check

We confirm which regime applies to your company — foreign company, deposits, Nidhi, or more than one — and identify the specific forms, thresholds, and deadlines relevant to your situation. Getting this right first is what prevents the most common errors: skipping DPT-3 because you think it's only for deposit-accepting companies, or overlooking FC-4 entirely.
02

Data Collection & Computation

We gather the underlying data and compute what the form requires — outstanding amounts as on 31 March for DPT-3, financial statements and place-of-business details for FC forms, and member counts, capital, and Net Owned Funds computation for NDH forms. Accurate computation is what determines whether a Nidhi qualifies for deposits and lending, so this step is handled with care.
DPT-3 computation as on 31 March; NDH ratio calculation
03

Form Preparation — FC, DPT & NDH

We prepare each form with the correct particulars, supporting documents, and classification — including the classification of outstanding amounts in DPT-3 (deposit vs. non-deposit), the charter documents and authorised representative details for FC-1, and the statutory compliance certification for NDH-1. A misclassification in DPT-3 or an error in a Nidhi's ratios is exactly what invites ROC scrutiny and additional fees.
04

Professional Certification & MCA Filing

We arrange the professional certification the form requires — the auditor's certificate for DPT-3, the practising professional's certification for NDH-1 — and file the form with the MCA within the applicable deadline. Filing on time is the single most effective way to avoid the additional fees that escalate with every day of delay, and that can make a missed FC-4 or DPT-3 far more expensive than the underlying compliance would have been.
Filed on MCA21 portal with DSC and required attachments
05

Nidhi Threshold & Condition Monitoring

For Nidhi companies, compliance is not just about filings — it requires maintaining minimum capital (Rs 10 lakh), member count (200+), Net Owned Funds (Rs 20 lakh), and the NOF-to-deposit ratio (1:20) at all times. A Nidhi that slips below these conditions cannot accept deposits or lend. We track these thresholds as part of the ongoing Nidhi compliance relationship so the company's status is never at risk and NDH-2 applications are filed proactively where time is needed.
Nidhi Rules 2014 / Nidhi Amendment Rules 2022
06

Ongoing Compliance Calendar

We build these specialised filings into your company's compliance calendar alongside the standard annual filings — so FC-4, DPT-3, NDH-3, and other periodic returns are scheduled, reminded, and filed on time every year rather than chased as afterthoughts. Because we manage these alongside secretarial compliance and annual filings, the specialised returns are folded into one joined-up engagement with no gaps.

Related Services

Our Broader Company Compliance & Filing Services

These specialised filings sit alongside a complete company compliance and corporate law practice:

Company ComplianceAnnual and ongoing compliance for all company types.
Annual Filings (AOC-4, MGT-7)ROC annual compliance as one coordinated engagement.
Change Management ServicesManaging company changes and ROC filings.
DIN Related FormsDIN allotment, KYC, and director-related filings.
Informational & Investor ServicesAccessing and interpreting corporate records.
Approval Services (ROC, RD, HQ)Applications to the Registrar and Regional Director.
MGT-7 Annual ReturnAnnual return filing for companies of all types.
Company SecretarySecretarial support and compliance year-round.

Frequently Asked Questions

Common Questions on Foreign Company, Deposits & Nidhi Compliance

What are foreign company, deposits, and Nidhi services?
They are specialised MCA compliance services covering three distinct areas: the filings a foreign company must make in India, the deposit-related returns a company files including DPT-3, and the NDH returns a Nidhi company files. Each area has its own forms, thresholds, and deadlines under the Companies Act, 2013.
Who is treated as a foreign company in India?
A foreign company is a company incorporated outside India that has a place of business in India, whether through a branch, a liaison or project office, or electronic means. Once it establishes that presence, it must file information in Form FC-1 within 30 days and then its annual accounts and return in Forms FC-3 and FC-4 with the Registrar every year.
What is DPT-3 and who has to file it?
DPT-3 is an annual return filed with the MCA that reports a company's deposits and, importantly, other amounts received that are not treated as deposits — such as loans — as they stand on 31 March. Most companies must file it by 30 June each year, including companies that have only director loans or inter-corporate loans on their books. It is one of the most commonly missed annual returns because the scope is wider than the name suggests.
Is DPT-3 required if a company has taken no deposits?
Often, yes. DPT-3 is not limited to formal deposits; it also captures outstanding loans and other receipts that are not treated as deposits. A company with such amounts on its books as on 31 March generally has to file DPT-3, even though it has never formally accepted a deposit. This is why skipping DPT-3 on the assumption that "we don't take deposits" is one of the most common and avoidable compliance misses.
What is a Nidhi company?
A Nidhi company is a mutual benefit company — a type of non-banking financial company — that accepts deposits from and lends to its own members only, to encourage thrift and savings. It is registered as a public company with the words "Nidhi Limited" in its name, and is governed by Section 406 of the Companies Act, 2013 and the Nidhi Rules, 2014.
What are the main Nidhi compliance requirements after the 2022 amendments?
Under the Nidhi Amendment Rules, 2022, a Nidhi company needs a minimum paid-up equity capital of Rs 10 lakh, at least 200 members, and Net Owned Funds of Rs 20 lakh, with the Net Owned Funds to deposit ratio kept within 1:20. It must apply for declaration as a Nidhi in Form NDH-4 within 120 days of incorporation, and failing the conditions or a rejected NDH-4 stops it from accepting deposits or lending to members.
What are the NDH forms and their purpose?
The main NDH forms are: NDH-1 (return of statutory compliances, filed within 90 days of the financial year-end), NDH-2 (application to the Regional Director for more time where member or fund requirements cannot be met), NDH-3 (the half-yearly return of members, deposits, loans, and compliance), and NDH-4 (the application to be declared a Nidhi company, filed within 120 days of incorporation).
What happens if these specialised filings are missed?
Late filing attracts additional fees that are a multiple of the normal fee and grow with the delay, so a missed FC-4, DPT-3, or NDH return becomes progressively more expensive. For a Nidhi, the stakes are higher: failing the member and fund conditions, or a rejected NDH-4, bars the company from accepting deposits or lending — which removes its entire reason to exist — and blocks certain other filings until compliance is restored.

Handle your specialised MCA filings with N D Savla & Associates.

Foreign company FC forms, DPT-3 deposit return, or Nidhi NDH compliance — filed accurately and on time, as part of your complete compliance calendar.

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