Form DPT-3 is an annual e-form filed with the Registrar of Companies (RoC) under the Companies Act, 2013, specifically Rule 16A of the Companies (Acceptance of Deposits) Rules, 2014. Its primary purpose is to report information about deposits and/or outstanding receipts of money or loans that are not considered deposits.

This form aims to bring transparency to a company's financial dealings, particularly concerning funds received from various sources, and to help the Ministry of Corporate Affairs (MCA) monitor companies' compliance with deposit regulations.

Applicability of DPT-3

Every company, except a Government Company, is required to file Form DPT-3. This includes:

• Private Limited Companies

• Public Limited Companies

• One Person Companies (OPCs)

• Section 8 Companies (non-profit organizations)

Even if a company has no outstanding deposits or loans that fall under the DPT-3 reporting criteria, it still needs to file a "NIL" DPT-3 form.

Exemptions from Filing DPT-3:

The following entities are exempt from filing Form DPT-3:

• Banking companies

• Non-Banking Financial Companies (NBFCs) registered with the RBI

• Housing Finance Companies registered with the National Housing Bank

• Government Companies

• Any other company specifically exempted by the Central Government.

What transactions are not considered deposits but need to be reported in DPT-3?

The definition of "deposit" under the Companies Act is quite specific. Many common financial transactions are explicitly excluded from the definition of a deposit but still need to be reported in DPT-3. These "exempted deposits" include:

• Amounts received from the Central Government or a State Government, or any amount guaranteed by them.

• Amounts received from banking companies.

• Loans or financial assistance from Public Financial Institutions, Insurance Companies, or Banks.

• Amounts received from another company (inter-corporate loans).

• Amounts received as subscription to securities or calls in advance (if adjusted within 12 months).

• Amounts received from a director of a private company (or relative of a director) who held the position when the funds were provided, provided a declaration (Form DIR-3C) is filed.

• Security deposits for the performance of a contract for goods/services, provided adjusted against supply.

• Advances received against consideration for immovable property.

• Unsecured loans from promoters in pursuance of the stipulation of any lending financial institution or a bank.

• Amounts received by Nidhi companies, Chit funds, or from SEBI-registered Collective Investment Schemes, AIFs, or Mutual Funds.

• Commercial paper.

Due Date for Filing DPT-3

Form DPT-3 must be filed annually by June 30th of every year for the financial year ending on March 31st of the preceding year.

• For example, for the financial year ending March 31, 2025, the due date for DPT-3 filing is June 30, 2025.

Types of DPT-3 Filing

When filling out DPT-3, you select the type of return:

1. Onetime Return: This option was for a specific one-time filing for outstanding receipts between April 1, 2014, and March 31, 2019, which are not considered deposits. This was a one-time requirement and is generally no longer applicable for current filings.

2. Annual Return: This is the most common type, reporting information about deposits and/or outstanding receipts of money or loans other than deposits for the current financial year.

3. Return of Deposit: If the company has actually accepted deposits (as per the definition under the Act).

4. Return of Deposit and Particulars of Transactions Not Considered as Deposit: If the company has both accepted deposits and has outstanding exempted deposits/loans.

Most commonly, companies file for "Particulars of transactions by a company not considered as a deposit as per rule 2(1)(c) of the Companies (Acceptance of Deposit) Rules, 2014" or "Return of Deposit and Particulars of transactions by a company not considered as a deposit".

Documents and Information Required for DPT-3 Filing

Before filing, ensure you have the following information and documents ready:

1. Company Information: CIN, Name, Registered Office Address, Email ID.

2. Financial Details (as of March 31st of the relevant financial year):

   • Net worth as per the latest audited balance sheet (of the preceding financial year).

   • Total amount of outstanding deposits (if any).

   • Total amount of outstanding receipts of money/loans not considered deposits.

   • Date of last closing of accounts.

3. Auditor's Certificate: A certificate from the company's statutory auditor verifying the correctness of the figures and particulars mentioned in the form. This is mandatory for filing.

4. Trust Deed (if applicable): If the company has accepted deposits and a trust deed is required, a copy of the trust deed.

5. Instrument Creating a Charge (if any): If deposits/loans are secured by a charge, a copy of the instrument creating the charge (e.g., charge creation form CHG-1/CHG-9 SRN).

6. Details of Liquid Assets: Required if the company has accepted deposits (as per Rule 14 of the Companies (Acceptance of Deposits) Rules, 2014).

7. List of Depositors (if applicable): Details of all depositors, including matured deposits and cheques issued but not yet cleared.

8. Credit Rating Details (if applicable): If the company has obtained a credit rating for its deposits.

DPT-3 Filing Process (Step-by-Step)

1. Gather Information and Documents: Collect all the required financial data and supporting documents as listed above. Ensure the data is as of March 31st of the financial year for which the return is being filed.

2. Obtain Auditor's Certificate: Get the mandatory auditor's certificate. The auditor will verify the amounts reported in the form.

3. Download e-Form DPT-3:

   • Visit the MCA portal: www.mca.gov.in.

   • Go to "MCA Services" -> "Company e-Filing" -> "Forms related to Deposits" -> "Form DPT-3".

   • Download the e-Form (it's an executable PDF).

4. Fill the e-Form DPT-3:

   • Open the downloaded form using an appropriate PDF reader.

   • Enter the company's Corporate Identification Number (CIN).

   • The form will pre-fill certain company details.

   • Select the appropriate "Purpose of filing the form" based on whether you have deposits, non-deposit outstanding loans, or both. This choice will determine which sections of the form become active.

   • Fill in all financial particulars (Net Worth, total outstanding amounts, etc.) as of March 31st of the relevant financial year.

   • Provide details of charge holders, if any.

   • Specify particulars of credit rating, if applicable.

   • Enter details about deposits (if accepted), including the date of issue of advertisement/circular, date of validity expiry, number of deposit holders, etc.

5. Attach Required Documents: Upload the scanned PDF copies of all mandatory attachments (Auditor's Certificate, Board Resolution (if required), Trust Deed, etc.).

6. Digital Signature (DSC):

   • Director's DSC: The e-Form must be digitally signed by a director (with a valid DIN) or a Company Secretary (with a valid Membership Number/CoP) of the company.

   • Practicing Professional's DSC (Certification): The form must be certified by a practicing Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant (CMA). They will affix their DSC and provide their membership number and Certificate of Practice (CoP) number.

7. Pre-fill and Check Form:

   • Click the "Pre-fill" button to ensure all details are correctly populated from the MCA database.

   • Click "Check Form" to validate the form for any errors. Rectify any errors shown.

8. Submit the Form:

   • Upload the validated e-Form DPT-3 on the MCA portal.

   • Pay the prescribed government filing fees online. The fees vary based on the company's authorized capital.

9. SRN Generation & Acknowledgement:

   • Upon successful submission and payment, a Service Request Number (SRN) will be generated. Keep this SRN for your records.

   • The form is usually processed instantly, and an acknowledgement email confirming the successful filing will be sent to the company's registered email ID.

Consequences of Non-Filing or Late Filing of DPT-3

The penalties for non-compliance with DPT-3 filing are severe:

• Late Filing Fees: Significant additional fees are levied based on the period of delay. These can accumulate rapidly.

  • For delays up to 30 days, the fee is 2 times the normal fee.

  • For delays more than 180 days, the fee can be 12 times the normal fee.

• Monetary Penalty (Under Rule 21 of Deposit Rules): If a company fails to file DPT-3, the company and every officer in default may be liable to a penalty of up to INR 5,000. For continuing default, an additional penalty of INR 500 per day may be imposed.

• Severe Penalties (Under Section 73 of Companies Act, 2013): If a company accepts deposits in contravention of the Act or Rules and fails to file DPT-3, it can face much higher penalties:

  • For the Company: A fine of not less than INR 1 crore or twice the amount of the deposit accepted (whichever is lower), which may extend to INR 10 crore.

  • For Officers in Default: Imprisonment up to 7 years and a fine of not less than INR 25 lakh but which may extend to INR 2 crore.

• Restriction on Corporate Actions: Companies defaulting on DPT-3 filing may face restrictions on undertaking certain corporate actions, such as transferring shares, making investments, providing loans or guarantees, or conducting board meetings.

• Damage to Reputation: Non-compliance can negatively impact the company's reputation, affecting investor and stakeholder trust.