DPT-3 – Return of Deposits & Other Exempted Receipts
Who Files This?
Every company other than Government Companies must file Form DPT-3 annually to report:
Deposits accepted.
Particulars of transactions not considered deposits (like unsecured loans, advances, etc.).
This applies to Private Companies, Public Companies, OPCs, and Small Companies, irrespective of whether they hold deposits or not (in case of transactions covered under Rule 16).
Applicability Criteria
DPT-3 is required if your company has:
Deposits as defined under Section 2(31) of the Companies Act, 2013.
Money received but not treated as deposits, such as:
Share application money (pending beyond 60 days).
Unsecured loans from directors, shareholders, or relatives.
Advance money for supply of goods/services.
Security deposits.
ECBs (External Commercial Borrowings).
Any other money received not classified as deposits.
Exemptions:
Government Companies are exempt.
NBFCs and Housing Finance Companies governed by RBI directions are exempt.
Why It Matters
Filing DPT-3 ensures that your company’s financial borrowings and receipts are accurately disclosed to the MCA. It builds transparency, helps regulators track financial health, and protects companies from penalties for non-disclosure.
Types of DPT-3 Filing
One-time Return – For reporting outstanding receipts of money or loans not treated as deposits (as on 31st March 2019).
Annual Return – Filed every year to report details of deposits and exempted amounts as of 31st March.
Process of Filing
Identify all outstanding receipts and deposits as per Companies Act & Deposit Rules.
Classify transactions correctly as deposits or exempted categories.
Fill and validate Form DPT-3 on the MCA portal.
File the form with DSC of Director/Authorized Signatory and certification from a Practicing Professional (CA/CS/CMA).
Documents Required
Auditor’s Certificate (mandatory if the company has deposits).
Details of deposits/exempted amounts.
Copy of Trust Deed/Instrument (if applicable).
Copy of Board Resolution approving filing.
Due Date
30th June every year, for reporting data as of 31st March of that year.
Penalty for Delay/Non-Filing
Company: Penalty of at least ₹1 crore or twice the deposit amount, whichever is lower (can extend to ₹10 crore).
Officers in Default: Penalty of ₹25,000 to ₹2 lakh and/or imprisonment up to 7 years (in case of contravention).
Continuous default may attract additional daily fines.
How Law to Corporate (LTC) Helps
Analyzing all financial receipts to check deposit classification.
Preparing Auditor’s Certificate and required attachments.
Drafting and filing DPT-3 with accuracy.
Ensuring timely compliance to avoid hefty penalties.
Providing expert advisory on loan structuring and compliance under Deposit Rules