WHAT IS DPT-3?
DPT-3 is a form that companies must file with the Ministry of Corporate Affairs to provide information regarding their outstanding receipts or loans that are not considered deposits as of the end of the financial year.
This requirement arises from Section 73 of the Companies Act, 2013, and the Companies (Acceptance of Deposits) Rules, 2014.
WHO IS REQUIRED TO FILE FORM DPT-3?
Except for the Government companies, all other companies which include all private limited companies, OPC, limited companies or Section 8 Company have to mandatorily file this form.
WHO IS EXEMPT FROM FILING?
• Government Companies
• Banking Institutions
• Non-Banking Financial Companies
• Companies registered as housing finance companies under the supervision of the National Housing Bank.
PURPOSE OF FORM DPT-3
• to report details of money received by a company that is not considered a deposit under the Companies Act.
• to comply with regulatory requirements and ensure transparency in financial dealings
TYPES OF RETURN
• One-time Return: For reporting the outstanding amount received before April 1, 2014.
• Annual Return: For reporting the outstanding amount received post-April 1, 2014, that is not considered a deposit
INFORMATION REQUIRED
• Details of the company, including CIN, PAN, name, and address.
• Total amount of outstanding receipts or loans that are not deposits.
• Particulars of receipts or loans, including details of parties from whom such money is received.
• Auditor’s certificate. (if applicable)
TRANSACTION NOT CONSIDERED AS DEPOSITS
• Government or Guaranteed Receipts: Any amount received from the government, foreign government, or foreign bank or guaranteed by any of these entities.
• Loans from Financial Institutions: Any amount received as a loan or facility from Public Financial Institutions, Insurance Companies, or Banks.
• Inter-Company Loans: Any amount received from one company by another company.
• Subscription Advances: Amounts received in advance for subscriptions to securities or as a call in advance.
• Directors’ and Relatives’ Contributions: Any amount received from a company director or a relative of a director in a private company, provided they held these positions at the time of the loan.
• Employee Deposits: Any amount received from an employee, up to their annual salary, as a non-interest-bearing security deposit under an employee contract.
• Business Advances: Amounts received in the course of business as an advance for the supply of goods or services or as a security deposit for performance under a contract for the supply of goods or services.
• Convertible Notes for Startups: Receipt of Rs 25 lakh or more by a startup company in the form of a convertible note in a single tranche.
• Secured Bonds or Debentures: Amounts raised by issuing secured bonds or debentures with a first charge or non-convertible debentures without a charge on the company’s assets.
• Unsecured Promoter Loans: Any amount received as an unsecured loan from promoter
• Nidhi Company and Chit Fund Receipts: Any amount received by a company from a Nidhi Company or through subscription to a chit under the Chit Funds Act, 1982.
• Investments from SEBI-Registered Funds: Any amount received from a collective investment scheme, alternative investment funds, or mutual funds registered with SEBI.
• Other Non-Deposits: Any other amount not classified as a deposit under Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014
Any amount, whether secured or unsecured which does not qualify as a deposit must still be reported in the DPT-3 form