Filing Form DPT-3 Annually: Distinguishing Public Deposits from Exempted Loans by Directors & Shareholders

Published: February 16, 20255 min readEffective: Annual Statutory Mandate by June 30Due: June 30 following every financial year

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Executive Regulatory Summary

Every company other than government companies must file Form DPT-3 annually on or before June 30th. Critical analysis of distinguishing accepted deposits from 'exempted deposits' (director loans, inter-corporate deposits, advance from customers), statutory auditor certification, and penal consequences under Section 76A.

Key Statutory Takeaways

Mandatory for all private limited, public limited, and One Person Companies (OPCs).
Covers both deposits and transactions not considered as deposits (exempted borrowings).
Director loans require written declaration that funds were not borrowed from third parties.
Failure to file by June 30 attracts minimum ₹1 Crore company penalty or twice the deposit amount under Section 76A.

Actionable Compliance Checklist for Businesses

Step-by-step advisory measures prescribed by ASGR and CO for immediate adherence:

1Scrutinize trial balance liabilities as of March 31 to isolate all unsecured loans, inter-corporate deposits, and customer advances.

2Obtain signed non-borrowing declarations from lending directors and their relatives.

3Obtain statutory auditor certificate certifying closing deposit and exempted borrowing balances.

4File Form DPT-3 electronically on MCA V3 with professional CA/CS certification before June 30th.

1. Why Even Zero-Deposit Companies Must File DPT-3

A frequent misconception among directors is that DPT-3 applies only to companies taking public deposits. Under Rule 16A, any company having unsecured loans, shareholder borrowings, or vendor advances outstanding must file Form DPT-3 under the 'exempted deposits' category.

Target Entities Governed by this Notification:

All Indian Incorporated CompaniesCFOs & Statutory AuditorsCompany SecretariesCorporate Finance Heads

Advisory Published By

CA Vishal Kanojia

Partner - Audit & Corporate Compliance • B. Com, FCA, Bank Branch Auditor

ASGR and CO, Chartered Accountants (Peer Review Certified: #018Xxx)

Statutory Disclaimer: This publication is compiled by ASGR and CO solely for general informational and educational purposes to assist corporate clients and peers in understanding statutory notifications. It does not constitute legal, tax, or formal secretarial advice. Before acting upon any provisions, specific professional counsel should be sought.

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