Summary: Form DPT-3 was introduced by the Ministry of Corporate Affairs (MCA) on 22 January 2019 through the Companies (Acceptance of Deposits) Amendment Rules, 2019 and is required to be filed under Rule 16. The form is used by every company, other than a Government Company, to file the return of deposits, particulars not considered as deposits, or both. It is applicable to all companies, including Small Companies, OPCs, Public Companies and Listed Companies, except Banking Companies, RBI-registered NBFCs, National Housing Bank-registered Housing Finance Companies, and Government Companies in respect of exempted deposits. A company is required to file Form DPT-3 if, as on 31 March, it has any loan, customer advance or deposit in its books. Even a loan received only from a director requires filing, as it is treated as a particular not considered as a deposit. The due date for filing Form DPT-3 is 30 June every year.

Purpose of Form DPT-3

E-Form DPT-3 is applicable to all companies, including Small Companies, One Person Companies (OPCs), Non-Small Companies, Public Companies, and Listed Companies, except the following:

• Banking Companies
• Non-Banking Financial Companies (NBFCs) registered with the Reserve Bank of India (RBI)
• Housing Finance Companies (HFCs) registered with the National Housing Bank (NHB)
• Government Companies (in respect of exempted deposits)

Conditions for Applicability of Form DPT-3

To determine whether Form DPT-3 is required to be filed for a particular financial year, a company should verify whether, as on 31st March, it has any of the following outstanding in its books of account:

• Any loan;
• Any advance received from customers; or
• Any deposit.

If any one of the above conditions is satisfied, the company is required to file Form DPT-3 for the relevant financial year.

Frequently Asked Question

Q. If a company has only a loan from its director outstanding as on 31st March, is it required to file Form DPT-3?

Answer:
Yes. If any loan, irrespective of the lender, is outstanding in the books of account as on 31st March, the company is required to file Form DPT-3. Accordingly, even where the company has received a loan only from its director, filing of Form DPT-3 is mandatory.

Due Date

The due date for filing Form DPT-3 is 30th June every year.

Meaning of “Deposit” and “Particulars of Transactions Not Considered as Deposits”

Deposit

A deposit includes amounts falling within the definition of “deposit” under the Companies Act, 2013 and the Companies (Acceptance of Deposits) Rules, 2014. Examples include:

• Acceptance of deposits or loans from the public; and
• Acceptance of deposits from shareholders by a public company, where applicable.

Particulars of Transactions Not Considered as Deposits

This category covers amounts that are specifically excluded from the definition of “deposit” under the Companies Act and the Companies (Acceptance of Deposits) Rules but are nevertheless required to be reported in Form DPT-3.

Examples include:

• Loans received from directors, which are exempt from the definition of deposits but are reportable in Form DPT-3.
• Loans received from body corporates, which are not treated as deposits but are also required to be reported.

Conclusion

From the above discussion, it is evident that even where a company has accepted only exempted deposits, such as loans from directors or body corporates, or has any other reportable outstanding amount covered under Form DPT-3, it is still required to file Form DPT-3 on or before 30th June every year.

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