Every Company other than Government company, shall file a onetime return of outstanding receipt of money or loan by a company but not considered as deposits, in terms of clause (c) of sub-rule 1 of rule 2 from the 1st April, 2014 to 31st March, 2019 in form DPT-3 within 90 days from the closure of financial year i.e by 29th June.

What is meant for Deposit?

“Deposit” includes any receipt of money by way of deposit or loan or in any other form, by a company but does not include such categories of amount [Provided in Rule 2(1)C] as may be prescribed in consultation with the RBI.

What are the exempted deposits from Sec. 73 to 76? 

The definition of deposit excludes certain transactions from its purview which are given in the Rule 2(1)(C) of the Companies (Acceptance of Deposit Rules), 2014. So, We need to look at Rule 2(1)(C) to see what are the exempted deposits for which this one time DPT-3 is required.

Which Companies need to file One Time DPT-3? 

All the Companies which have accepted deposits or loans which are exempted from the provisions of Section 73 to 76 of the Companies Act, 2013 and such deposits and loans are still outstanding as on the date of 31st March, 2019 are required to file this one time return DPT-3 within 90 days from the closure of financial year i.e by 29th June, 2019.

Which Companies are exempted from reporting requirements? 

Government Companies, Banking Companies and NBFCs.

Which period data is required to be filled in one ti me DPT-3?

01st April, 2014 to 31st March, 2019.

What if Company doesn’t have any deposits or exempted deposits as on 31st March, 2019?

Such Companies are not required to file any return even NIL return is not required.

Return filing will be one time or every year?

DPT-3 is now annual compliance by all the companies which has exempted deposits also. Earlier, it was compulsory only for companies which have accepted deposits under Sec 73 to 76.

According to new version of DPT-3, there are 4 purposes mentioned in point no. 3 of the said form:

1. Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits

2. Return of Deposit

3. Particulars of transactions by a company not considered as deposit as per rule 2 (1) (c) of the Companies (Acceptance of Deposit) Rules, 2014

4. Return of Deposit and Particulars of transactions by a company not considered as deposit

Purpose 1: It is to be filled one time by companies having exempted deposits as per Rule 2(1)(C) of Deposit Rules by 29th June.

Purpose 2: It is annual return of deposit and to be tick marked by companies having only deposit covered under Sec 73 to 76. It is to be filled by 30th June every year.

Purpose 3: It is annual return of exempted deposit and to be tick marked by companies having only exempted deposit covered under Rule 2(1)(C). It is to be filled by 30th June every year.

Purpose 4: It is a combined annual return of deposits as well as exempted deposits and to be tick marked by companies having both deposits under Sec 73 to 76 and exempted deposit covered under Rule 2(1)(C). It is to be filled by 30th June every year.

E.g. 1: ABC Ltd has following balances as on 31st March, 2019

  • Unsecured Loans from Directors: Rs. 5,00,000/-
  • Secured Loan from Bank: Rs. 1,00,00,000/-
  • Inter Corporate Loans: Rs. 50,00,000/-

Since all the above are falls on exempted deposits, ABC Ltd has to file 2 DPT-3 this year:

1. One Time DPT-3 by 29th June – Mentioning Total Exempted Deposits i.e Rs. 1,55,00,000/-One time DPT-3 is asking only aggregate of exempted deposits and not detailed bifurcation of exempted deposits.

2. Annual DPT-3 by 30th June (selecting purpose 3) – In this form, you need to give detailed bifurcation of your exempted deposits. It is to be filled every year from now.

E.g. 2: ABC Ltd has following balances as on 31st March, 2019

  • Unsecured Loans from Directors: Rs. 5,00,000/-
  • Secured Loan from Bank: Rs. 1,00,00,000/-
  • Inter Corporate Loans: Rs. 50,00,000/-
  • Deposits accepted as per Sec 73 to 76: Rs. 25,00,000/-

In this case, ABC Ltd has both Deposits and Exempted Deposits; it has to file 2 DPT-3 this year:

1. One Time DPT-3 – Mentioning Total Exempted Deposits i.e 1,55,00,000/-. One time DPT-3 is asking only aggregate of exempted deposits and not detailed bifurcation of exempted deposits.

2. Combined Annual DPT-3 selecting purpose 4 – In this form, you need to give details of both deposits and detailed bifurcation of your exempted deposits.

E.g. 3: ABC Ltd has following balances as on 31st March, 2019

  • Deposits accepted as per Sec 73 to 76: Rs. 25,00,000/-

In this case, ABC Ltd has only Deposits, It does not require to file one time DPT-3.

1. DPT-3 selecting purpose 2 – In this form, you need to give details of your deposits.

What will be the consequences for non- reporting?  

Section 76A and Rule 21 provides punishment for non compliance with any provisions of the rules.

On the company: A fine of minimum Rs. 1 Crore or twice the amount of deposit so accepted, whichever is lower, which may extend to Rs. 10 Crore; and

On the officers of the Company who is in default: imprisonment upto 7 years and with a fine of not less than Rs. 25 lakh which may extend to Rs. 2 Crore.

Author Bio

Qualification: CS
Company: DVG & Associates
Location: Mumbai, Maharashtra, IN
Member Since: 02 Feb 2018 | Total Posts: 62
CS Dhaval Gusani is a founder of DVG & Associates, Company Secretaries and Corporate Law Professionals. He is a Commerce Graduate and an Associate Member of the Institute of Company Secretaries of India (ICSI). He has cumulative experience of more than 3 years with Listed Company, Chartered Acco View Full Profile

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15 Comments

  1. Shaeny Chhabra says:

    For one time DPT 3 period required to be filed is 01.04.14-31.03.19. What if there is balances outstanding prior to 01.04.14 as on 31.03.19 ?

  2. B L Jain says:

    The objects in DPT-3 are auto filled. In case it is wrongly auto filled. What to do. Even ticket raised to MCA has no solution.IN other cases objects auto filled are not elaborated in DPT-3 and are not clear as per the main objects?

  3. TANUSRI GHOSH AICH says:

    In one time DPT 3 data required to be filed for 01.04.14-31.03.19. What if there is Outstanding balances prior to 01.04.14 as on 31.03.19 ?

  4. TANUSRI GHOSH AICH says:

    For one time DPT 3 period required to be filed is 01.04.14-31.03.19. What if there is balances outstanding prior to 01.04.14 as on 31.03.19 ?

  5. Sidharth says:

    Kindly correct your article, other than Government Companies, none other company have been exempted by Ministry. Even NBFCs have to file the DPT 3.

    1. TG Team says:

      Whether NBFC Company is required to file e-form DPT-3?

      As per Rule 1(3) (3) These rules shall apply to a company other than –

      (i) a banking company;

      (ii) a non-banking financial company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) registered with the Reserve Bank of India;

      (iii) a housing finance company registered with the National Housing Bank established under the National Housing Bank Act, 1987 (53 of 1987)

      Therefore, Rules of Deposits are not applicable on NBFC Companies.

      Therefore, one can say that requirement of filing of DPT-3 states under Rule 16. However, Rules are not applicable on NBFC Companies.

      It is crystal clear that NBFC Companies are not required to file e-form DPT-3 with ROC as per latest Deposit rules.

    2. Dhaval says:

      Dear Siddharth,

      Pl read rules. Don’t trust even MCA call center people. They are not professionals. NBFCs are completely exempted from deposit rules. Kindly correct your comment.

  6. KAILASH GOYAL says:

    Dear Sir ,
    pl. clarify as one time return DPT 3 for the period 1-4-2014 to 22-04-2019 to be filed by 30th may 2019 not as stated in article by 30th june . and again for the year 31-03-2019 dpt 3 to be filed by 30-06-19 urgent clarification required

    1. Romil says:

      one time return of Dpt3 form needs to be filed by 30th May and for regular return i.e the one which needs to be filed now for o/s loans or deposits or for both..for that the due date is 29.06.2019.
      Further, i have a query in case of a company where director has provided money to the company, but out of borrowed funds than it will be considered as deposit as per Rule 2(1)(c) of the chapter V of The Companies (Acceptance of Deposits) Rules, 2014.
      So than we shall consider it as deposit and comply deposits provisions relating to the same?

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