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DPT-3 FORM

1. PURPOSE OF FILING FORM DPT-3:

I. Filing of Return of Deposits: This is for reporting particulars of money or loans received by the company that are considered as deposits. These include any amounts that meet the definition of deposits under the Companies Act, 2013.

II. Filing of transactions not considered as deposits: This is for reporting particulars of money, or loans received by the company that are not considered as deposits according to rule 2(1)(c) of the Companies (Acceptance of Deposit) Rules, 2019. These could include amounts received from directors, certain types of unsecured loans, and other exceptions as specified in the rules.

2. WHO NEEDS TO FILE FORM DPT-3?

DPT-3 Form needs to be filed by all types of companies in India that have accepted money or loan as specified under Companies (Acceptance of Deposits) Rules, 2019 except for the following classes of companies:

a) a banking company
b) a non-banking financial company
c) a housing finance company
d) Government Company
e) a company specified by the Central Government under the proviso to subsection (1) of section 73 of the Act.

3. TRANSACTIONS NOT CONSIDERED AS DEPOSITS

i. Amount Received from Government:
Any amount received from the Central Government or a State Government or guaranteed by CG or SG , or received from a local authority

ii. Amount Received from Foreign Institution & Govts:
Any amount received from foreign Governments, foreign or international banks, multilateral financial institutions, foreign Governments owned development financial institutions, foreign export credit agencies, foreign collaborators, foreign bodies corporate and foreign citizens, foreign authorities or persons resident outside India

iii. Loans from Banking Company:
Any amount received as a loan or facility from any banking company, or from a co-operative bank

iv. Loans from Public Financial Institutions:
Any amount received as a loan or financial assistance from Public Financial Institutions notified by the Central Government.

v. Issue of Commercial Papers:
Any amount received against issue of commercial paper or any other instruments issued in accordance with the guidelines or notification issued by the RBI.

vi. Intercorporate Loan:
Any amount received by a company from any other company

vii. Subscription to Securities:
Any amount received and held pursuant to an over made in accordance with the provisions of the Act towards subscription to any securities, including share application money or advance towards allotment of securities pending allotment, so long as such amount is appropriated only against the amount due on allotment of the securities applied for.

viii. Amount Received from Director or its relatives:
Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or a relative of the director of the Private company. Provided that a declaration in writing to the effect that the amount is not being given out of borrowed funds shall be taken from the director and the company shall disclose the details of money so accepted in
the Board’s report

ix. Issue of Bonds/Debentures:
Any amount raised by the issue of bonds or debentures and secured by the charge of any assets excluding intangible assets, or compulsorily convertibles debentures or bonds into shares of the company within 10 years.

ixa. Issue of NCD listed in stock exchange:
Any amount raised by issue of non-convertible debenture not constituting a charge on the assets of the company and listed on a recognized stock exchange as per applicable regulations made by Securities and Exchange Board of India.

x.  Security Deposit from Employee:
Any amount received from an employee of the company not exceeding his annual salary under a contract of employment with the company in the nature of non-interest bearing security deposit.

xi.  Amount held in Trust:
Any non-interest bearing amount received and held in trust

xii.  Advance/Deposits for Business Operations:

  1.  Any amount received in the course of, or for the purposes of, the business of the company. As an advance for the supply of goods or provision of services and has been adjusted within a period of  365  days.
  2.  As an advance for consideration for an immovable property and has been adjusted according to the terms of Agreement.
  3.   As security deposit for supply of goods or provision of services
  4.   As advance received under long term projects for supply of capital goods
  5.  As an advance towards consideration for providing future services in the form of a warranty or    maintenance contract
  6.  As an advance received and as allowed by any sectoral regulator or in accordance with directions of  Central or State Government
  7. As an advance for subscription towards publication, whether in print or in electronic to be adjusted against receipt of such publications. 


Provided that if the amount received under items (1), (2) and (4) above becomes refundable, amount received shall be deemed to be a deposit on the expiry of fifteen days from the date they become due for refund.

xiii. Unsecured loan from promoters stipulated by lending institution:

Any amount brought in by the promoters of the company by way of unsecured loan in pursuance of the stipulation of any lending financial institution or a bank subject to fulfilment of the following conditions

  • The loan is brought in pursuance of the stipulation imposed by the lending institutions on the promoters to contribute such finance;
 
  • The loan is provided by the promoters themselves or by their relatives or by both; and
 
  • The exemption under this sub-clause shall be available only till the loans of financial institution or bank are repaid and not thereafter;
 

xiv. Amount accepted by a Nidhi company:
Any amount accepted by a Nidhi company in accordance with the rules made under section 406 of the Act.

xv. Subscription of a Chit under the Chit Fund Act:
Any amount received by way of subscription in respect of a chit under the Chit Fund Act, 1982

xvi. Amount received under Collective Investment Scheme:
Any amount received by the company under any collective investment scheme in compliance with regulations framed by the SEBI.

xvii. Convertible Note by a Startup Company:
An amount of twenty five lakh rupees or more received by a start-up company, by way of a convertible note (convertible into equity shares or repayable within a period not exceeding 10 years from the date of issue) in a single tranche, from a person

xviii. Amount received from AIF’s, Domestic VC’s, MF’s etc :
Any amount received by a company from Alternate Investment Funds, Domestic Venture Capital Funds, Infrastructure Investment Trusts, Real Estate Investment Trusts and Mutual Funds registered with the SEBI India in accordance with regulations made by it.

4. DUE DATE FOR FILING FORM DPT-3

To ensure compliance, companies must file the DPT-3 form annually with the Registrar of Companies by 30th of June every year. This filing helps the government keep track of the financial activities related to deposits and ensures that companies are adhering to the legal requirements regarding the acceptance and handling of deposits.

5. DISCLOSURES REQUIREMENT BY THE COMPANY IN FINANCIAL STATEMENTS

a. Every company, other than a private company, shall disclose in its financial statement, by way of notes, about the money received from the director.

b. Every private company shall disclose in its financial statement, by way of notes, about the money received from the directors, or relatives of directors.

6. FEES FOR FILING FORM DPT-3

a. Normal Filing Fees

i) In case of company having share capital

Sl No.Nominal Share Capital (Rs)Fee applicable (Rs)
1Less than 1,00,000200
21,00,000 to 4,99,999300
35,00,000 to 24,99,999400
425,00,000 to 99,99,999500
51,00,00,000 or more600

ii) In case of company not having share capital

1.In case of company not having
share capital
200

b. Additional Fees in case of delay in filing Form DPT-3

Sl No.Period of DelayAdditional Fee (Rs)
1Up to 30 days2 times of normal filing fees
2More than 30 days and up to 60 days4 times of normal filing fees
3More than 60 days and up to 90 days6 times of normal filing fees
4More than 90 days and up to 180 days10 times of normal filing fees
5More than 180 days12 times of normal filing fees

7. PROCESSING TYPE

a. Non-STP Mode: DPT-3 webform shall be processed in Non-STP mode in case the purpose is Filing of Return of Deposits.

b. STP Mode: DPT-3 webform shall be processed in STP mode in case the purpose is Filing of transactions not considered as deposits.