Event-Based MCA Filings — ADT-1, CHG-1, PAS-3: The Process, Start to Finish
The mechanics of Event-Based MCA Filings — ADT-1, CHG-1, PAS-3 are what clients ask about once they have decided to proceed. The questions below are the ones raised most often in practice; the full scope of the service is on the Event-Based MCA Filings — ADT-1, CHG-1, PAS-3 page.
What exactly is an 'event-based filing' — how is it different from an annual filing?
An annual filing is due once a year regardless of what happened in the company — AOC-4 (financial statements) and MGT-7 (annual return) are the classic examples, tied to the AGM date. An event-based filing is triggered by something the company does or that happens to it — appointing an auditor, taking a loan secured by company assets, allotting shares, changing a director, or amending the Articles. The deadline for an event-based filing runs from the date of that specific event, not from the financial year-end, and the windows are usually much shorter — 15 or 30 days rather than months.
In practice: The confusion between the two categories is a common compliance gap. A company assumes 'we already have a CA doing our annual filing' and does not realise that a mid-year charge registration or director change needs to be filed within 30 days of the event — not bundled into the annual cycle.
The service name mentions ADT-1, DPT-3, MGT-7, and AOC-4 together — are all four really 'event-based'?
Not precisely, and we are explicit about this distinction with clients. ADT-1 (auditor appointment) is a genuine event-based filing — it fires whenever an auditor is appointed, whether at incorporation or mid-term. DPT-3 (deposits and loans return) is filed once a year by 30 June, but the underlying obligation is driven by events — every loan or deposit received during the year — so it sits between the two categories and needs event-level tracking even though the filing itself is annual. MGT-7 (annual return) and AOC-4 (financial statements) are, strictly speaking, annual filings tied to the AGM, not standalone events — PNPC manages these under the Annual Compliance retainer, coordinated with event-based filings so nothing falls through the gap between the two services.
In practice: We would rather explain this nuance upfront than let a client assume MGT-7 is covered by an 'event-based' engagement and discover the gap in October. Ask us for the exact scope split in writing before engaging.
What happens if we miss the 15-day deadline for ADT-1?
The auditor's appointment itself remains valid even if ADT-1 is filed late — the form is a notification to the Registrar, not a condition of the appointment's validity. However, additional filing fees accrue under the Companies (Registration Offices and Fees) Rules on a slab basis that rises with the length of the delay (from twice the normal fee for the shortest delays up to twelve times for delays beyond 180 days), and the company should not treat late ADT-1 filing as a routine matter, since repeated defaults draw regulatory attention. PNPC files ADT-1 within the 15-day window as a standard part of every audit engagement, precisely to avoid this becoming an issue.
In practice: ADT-1 can end up filed a year late simply because it was forgotten. The additional fee for a year's delay is materially higher than the professional fee for timely filing would have been.
Why does a bank loan trigger an MCA filing? What is CHG-1?
When a company borrows money and gives the lender security over its assets — a mortgage on property, a hypothecation of receivables or inventory, a pledge of shares — that security interest is called a 'charge'. Section 77 of the Companies Act 2013 requires every charge to be registered with the Registrar of Companies within 30 days of its creation, using Form CHG-1. This creates a public record so that anyone dealing with the company — another lender, an investor, a buyer of company assets — can see what is already pledged. Without registration, the charge can be void against the liquidator and other creditors if the company is later wound up, even though it remains enforceable between the company and the lender directly.
In practice: Banks are usually diligent about their own security documentation but do not always chase the company to register the charge with MCA within 30 days — that obligation rests with the company. We coordinate directly with the client's bank relationship manager to get the charge instrument the same week it is executed.
What if we miss the 30-day window for registering a charge — is there any way to fix it?
Yes, within limits. Under Section 77 of the Companies Act, 2013 the Registrar can allow registration of the charge within 300 days of its creation on payment of additional fee, and no separate application to the Central Government is needed for that stage. Beyond that 300-day outer limit, registration requires an application to the Central Government (delegated to the Regional Director) under Section 87, involving a formal condonation process, additional documentation, and materially more time and cost.
In practice: We treat the 30-day window as the only deadline that matters operationally. Relying on the condonation window as a backup plan is a risk — it adds weeks of delay and cost, and there is no guarantee of approval for facts that suggest genuine negligence rather than an isolated oversight.
We fully repaid a business loan two years ago but never filed CHG-4 — does this matter?
Yes, it matters more than most companies realise. An unfiled CHG-4 means the charge still shows as 'open' on the MCA public register even though it has been repaid. This creates friction in several scenarios: a new lender's due diligence flags an existing charge that appears unresolved; a buyer in an asset sale or M&A due diligence process raises it as an open item; and in some cases, the original lender's compliance team is slow to respond to a satisfaction request years after the loan closed, making the eventual filing harder to complete. PNPC can assist with tracing historical loan closures and coordinating with the original lender to obtain the satisfaction confirmation needed to file CHG-4, however old the underlying loan.
In practice: A charge can remain 'open' in the MCA record long after the loan was repaid, simply because it was never closed out. It is a quick fix once the lender's no-dues letter is in hand — the harder part is often just getting that letter from a bank years after the relationship ended.
We allotted shares to a new investor last month. What filings does that trigger?
PAS-3 (Return of Allotment) must be filed with MCA within 15 days of the allotment date, listing the allottees, the number and class of shares, and the consideration received. If the allotment was to a person resident outside India, it also constitutes Foreign Direct Investment under FEMA, and Form FC-GPR must be filed on the RBI's FIRMS portal within 30 days of allotment — a separate filing with a separate regulator. If the allotment takes the paid-up capital beyond the currently authorised capital, Form SH-7 (increase in authorised capital) must be filed and effective before the allotment is valid. PNPC sequences and files all three where applicable.
In practice: A common sequencing error is a company allotting shares first and only then discovering the authorised capital was insufficient — which technically makes the allotment invalid until corrected. We check authorised capital headroom before every allotment resolution is finalised, not after.
What is DPT-3 and does every company need to file it, even with no deposits?
DPT-3 is the annual return of deposits and other specified receipts — including loans from directors, inter-corporate loans, and certain advances — that a company must file by 30 June each year, reporting the position as at the preceding 31 March. Many companies assume DPT-3 applies only if they have accepted 'deposits' in the strict sense (from the public), but the form also captures amounts that are excluded from the definition of deposit — most commonly, loans from directors — which is why nearly every operating company has at least one reportable line item. Companies with genuinely no outstanding balances of any reportable category may still need to file a return depending on current MCA guidance and their auditor's assessment; PNPC evaluates DPT-3 applicability for every client each year rather than assuming it does not apply.
In practice: Director loans are extremely common in early-stage and family-owned companies — a founder covering a short-term cash gap personally. This can go unreported in DPT-3 for years simply because nobody connected 'my personal transfer to the company account' with a statutory filing obligation.
Our company changed its registered office from Chennai to Bangalore — same state or different?
Tamil Nadu and Karnataka are different states, so a move from Chennai to Bangalore is an inter-state change of registered office — the more complex category. It requires a special resolution, an application to the Regional Director for approval (since it also changes the jurisdictional RoC), and only after that approval is obtained can the final INC-22 be filed to record the new address. A move within Tamil Nadu (for example, Chennai to another address in the same state) is comparatively simpler, and how simple depends on whether the RoC jurisdiction itself changes: an address change within the same RoC's jurisdiction is recorded by filing INC-22, whereas a shift from one RoC to another within the state also needs Regional Director approval.
In practice: Inter-state registered office changes are one of the filings people most underestimate in complexity. Budget for a multi-week timeline, not a same-week filing, when moving across state lines — the Regional Director approval step is the bottleneck, not the MCA form itself.
Where this sits in the wider engagement
Event-Based MCA Filings — ADT-1, CHG-1, PAS-3 rarely arrives on its own. The statutory basis and the current requirements are set out on the Event-Based MCA Filings — ADT-1, CHG-1, PAS-3 service page, and the related services are grouped under Corporate Law.
What PNPC does
PNPC Global has practised since 1986 across India and the UAE. On Event-Based MCA Filings — ADT-1, CHG-1, PAS-3 we take the work end to end — reviewing the facts, preparing and filing what is required, and dealing with the authority through to closure.