The DPT-3 form, or Return of Deposits, is a mandatory annual filing requirement for companies in India, as stipulated under the Companies (Acceptance of Deposits) Rules, 2014. This form is filed with the Ministry of Corporate Affairs (MCA) to disclose details about deposits accepted by the company and loans or money received that are not considered deposits.

Applicability

All companies are required to file Form DPT-3. This includes:

• Private Limited Companies
• Public Limited Companies
• One Person Companies (OPCs)
• Section 8 Companies

Except the following:

• Government Companies
• Banking Companies
• Non-Banking Financial Companies (NBFCs)
• Housing Finance Companies registered with the National Housing Bank
• Any other company notified under the proviso to subsection (1) of section 73 of the Companies Act, 2013

Importance of Filing

1. Regulatory Compliance - Mandatory for all companies (except government entities) to disclose deposits and non-deposit borrowings, ensuring adherence to the Companies Act, 2013.
2. Transparency and Accountability - Promotes openness by reporting financial obligations, fostering trust among stakeholders and regulatory bodies.
3. Protection of Depositors' Interests - Provides a clear record of deposits, safeguarding depositor funds and preventing misuse.
4. Regulatory Monitoring - Assists authorities in overseeing companies' financial health and ensuring compliance with deposit-related regulations.
5. Maintaining Corporate Reputation - Timely filing demonstrates responsible financial management, enhancing the company's reputation and credibility.
6. Clarity on Financial Liabilities - Helps differentiate between deposits and other financial transactions, ensuring accurate financial reporting.

Filing Process

• Log in to the MCA Portal.
• Navigate to e-Filing > Deposit Related Filings > Form DPT-3.
• Fill in the required details and attach necessary documents such as:

1. Corporate Identification Number (CIN)
2. Net Worth (as per the latest audited balance sheet)
3. Details of Deposits Accepted (including from members, directors, or others)
4. Outstanding Receipts of Loans or Money not considered as deposits
5. Particulars of Transactions by the company not considered as deposits
6. Auditor’s Certificate verifying the information
7. Copy of Deposit Trust Deed (if applicable)
8. List of Depositors (if applicable)
9. Instrument Creating Charge (for secured deposits)

• Submit the form and pay the applicable filing fee.
• Obtain the Service Request Number (SRN) for tracking.

Consequences of Non-Compliance

Failure to file Form DPT-3 can result in:

• Penalty under Section 73:
  • A fine of at least ₹1 crore or twice the amount of deposits accepted (whichever is lower), up to a maximum of ₹10 crore.
  • Officers in default may face imprisonment up to 7 years and a fine ranging from ₹25 lakh to ₹2 crore.
• Penalty under Rule 21:
  • A fine of up to ₹5,000, with an additional ₹500 per day for continued non-filing.