INTRODUCTION
To safeguard the interests of depositors and creditors, the Central Government, in consultation with the Reserve Bank of India (RBI), amended the Companies (Acceptance of Deposits) Rules, 2014 through the 2019 Amendment. As per the MCA notification dated 22nd January 2019, every non-government company must file a one-time return for outstanding receipts (from April 1, 2014, to March 31, 2019) and an annual return thereafter through Form DPT-3.
FORM DPT-3 RETURN FILING
Every company in India (except government companies) must file Form DPT-3 annually with the Ministry of Corporate Affairs (MCA) by June 30th. This return includes details of deposits, outstanding loans, and other receipts that are not considered deposits as of March 31st each year. The company’s auditor must verify the information to ensure accuracy and compliance.
COMPANIES EXEMPTED FROM DPT-3 FILING
The following entities are not required to file DPT-3:
- Government Companies
- Banking Companies (regulated by RBI)
- Non-Banking Financial Companies (NBFCs)
- Housing Finance Companies (regulated by NHB)
- Other companies specifically exempted by the MCA
When DPT-3 Filing Is Applicable
DPT-3 must be filed for any of the following transactions:
- Deposits from members or directors
- Loans from third parties
- Advances for goods or services
- Secured or unsecured borrowings
It covers:
- Secured debts
- Unsecured debts
- External borrowings
- Commercial borrowings
TRANSACTIONS NOT TREATED AS DEPOSITS
Certain receipts are excluded from DPT-3 reporting:
- Share capital and share application money
- Debentures issued
- Advances received against confirmed orders
- Loans from banks, financial institutions, or other companies
- Employee security deposits (up to one year’s salary)
- Government grants or foreign funds
DPT-3 Filing Due Date
The due date for Form DPT-3 is June 30th every year. Example: For the FY 2023–24 (April 1, 2023 – March 31, 2024), the last date to file DPT-3 is June 30, 2024.
PENALTIES FOR NON-COMPLIANCE
Failure to file Form DPT-3 can lead to serious penalties under the Companies Act, 2013:
- Company fine: up to ₹5,000
- Officer fine: up to ₹5,000
- Continuing default: ₹500 per day until compliance
WHY DPT-3 FILING MATTERS
- Ensures transparency in a company’s financial dealings
- Helps the MCA monitor non-deposit borrowings
- Avoids penalties and legal action for non-compliance
- Builds trust among investors, creditors, and regulators