Form DPT-3 Filing: Return of Deposits & Exempted Loans from Directors and Banks

Every company incorporated in India (other than government companies and banking institutions) must file Form DPT-3 annually with the Registrar of Companies (ROC) under Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014.

Form DPT-3 is not just for companies that accept public deposits; it is equally mandatory for private limited companies that hold simple bank loans, unsecured loans from directors, or advance payments from customers.

1. Who Must File Form DPT-3?

• All Private Limited Companies,
• All Public Limited Companies (Listed and Unlisted),
• All One Person Companies (OPCs) and Small Companies.

Exemptions: Only Government Companies, Banking Companies, Non-Banking Financial Companies (NBFCs) registered with RBI, and Housing Finance Companies (HFCs) are exempt from filing Form DPT-3.

2. Key Categories of 'Exempted Borrowings' Disclosed in DPT-3

Most private limited businesses in Chhattisgarh file Form DPT-3 under the category of "Transactions not considered as deposits under Rule 2(1)(c)", which includes:

1. Unsecured Loans from Directors: Loan received from a director of the company (or a relative of a director in case of a private company), provided the director furnishes a written declaration that the loan is not made out of borrowed funds.
2. Bank Loans & Financial Institutions: Term loans, working capital Cash Credit (CC) limits, overdrafts, and bank guarantees outstanding as of 31st March.
3. Inter-Corporate Deposits (ICDs): Loans received from another corporate entity.
4. Advances for Supply of Goods: Advance received from customers against supply of goods or services, provided the advance is adjusted against invoice within 365 days.
5. Security Deposits: Retentions from contractors and security deposits from dealers held in the normal course of business.

3. Statutory Deadlines & Penalties for Non-Filing

• Annual Due Date: On or before 30th June of every year (disclosing outstanding balances as of 31st March).
• Statutory Auditor Certification: Mandatory when filing for both deposits and exempted deposits.
• Penalties under Section 76A:
  • On the Company: Minimum fine of ₹1 Crore or twice the amount of deposit accepted, whichever is lower, which may extend to ₹10 Crore.
  • On Every Defaulting Officer: Imprisonment up to 7 years and fine from ₹25 Lakhs to ₹2 Crore.

For annual ROC compliance, Form DPT-3 certification, and MCA e-filings in Raipur, contact our Corporate Advisory Desk.