Under the Companies (Acceptance of Deposits) Rules, 2014
[As per Section 73 & Rule 16 of Companies Act, 2013]
1. Legal Framework
Under Section 73 of the Companies Act, 2013 read with Rule 16 of the Companies (Acceptance of Deposits) Rules, 2014, every company (excluding Government companies) is required to file Form DPT-3 annually with the Registrar of Companies (ROC), disclosing:
Deposits accepted and outstanding, and
Amounts not treated as deposits under Rule 2(1)(c) but outstanding as on the financial year-end.
2. Due Date and Period of Reporting
| Particulars | Details |
|---|---|
| Period Covered | 01 April 2024 to 31 March 2025 |
| Cut-off for Outstanding | 31 March 2025 |
| Due Date for Filing | 30 June 2025 |
| Form | DPT-3 |
| Filing Authority | Registrar of Companies (ROC) |
3. What Needs to be Reported?
A. Deposits (DPT-3 – Part I)
Amounts received that are not exempt under Rule 2(1)(c) — typically rare for private companies.
Statutory Auditor certification is mandatory for these.
B. Non-deposit Transactions under Rule 2(1)(c) (DPT-3 – Part II)
These amounts are not classified as deposits but must be reported if outstanding as on 31 March 2025.
Self-certified by the Director — no auditor certification required.
4. Inclusions vs. Exclusions — Illustrative Classification Table
| S. No. | Nature of Transaction | Reportable in DPT-3? | Rule / Reasoning | Comments & Grey Area Clarification |
|---|---|---|---|---|
| 1 | Loan from Director (own funds) | ✅ Yes | Rule 2(1)(c)(viii) | Declaration required; otherwise treated as deposit |
| 2 | Loan from Director (borrowed funds) | ❌ Deposit | Not exempt | If funds are not from own resources, report in Part I |
| 3 | Loan from Shareholder (not a Director) | ❌ Deposit | Not exempt | Treated as deposit unless exemption under Rule applies |
| 4 | Loan from Relative (Private Co. only) | ✅ Yes | Rule 2(1)(c)(viii) | Permitted for private companies only |
| 5 | Loan from NBFC / Bank / FI | ✅ Yes | Rule 2(1)(c)(ii)/(iii) | Exempt from "deposit", but must be reported |
| 6 | Inter-Corporate Loan (from Company) | ✅ Yes | Rule 2(1)(c)(vi) | Allowed; report if outstanding as on 31-Mar-25 |
| 7 | Unsecured Loan from LLP / Firm | ✅ Yes | Rule 2(1)(c)(ix) | Reportable if outstanding |
| 8 | Customer Advances for Services/Goods | ✅ Yes (if unadjusted) | Rule 2(1)(c)(xviii) | Must be adjusted within 365 days |
| 9 | Advance for Property Sale/Rent | ✅ Yes | Rule 2(1)(c)(xiv)/(xii) | Report if not adjusted within 12 months |
| 10 | Share Application Money pending > 60 days | ✅ Yes | Rule 2(1)(c)(xvii) | If not allotted within 60 days, becomes reportable |
| 11 | Trade Payables / Credit from Suppliers | ✅ Yes | Rule 2(1)(c)(xvii) | If in ordinary course and terms not excessive |
| 12 | Security Deposits (Employees/Vendors) | ✅ Yes | Rule 2(1)(c)(xii)/(xiii) | Must be for performance or employment contract |
| 13 | Cancelled Order - Customer Advance Unadjusted | ✅ Yes | Not adjusted | Still reportable if not refunded within 365 days |
| 14 | ESOP / Bonus / Gratuity Fund Advances | ✅ Yes | Rule 2(1)(c)(xi) | Deferred employee benefits – reportable |
| 15 | Advance Received from Foreign Holding Co. | ✅ Yes (if outstanding) | FEMA + Rule 2(1)(c)(ix) | Not a deposit but must be reported |
| 16 | GST Refund or Statutory Receivable | ❌ No | Not in the nature of deposit | Not a liability, hence not reportable |
| 17 | Advance from customer settled within 365 days | ❌ No | Rule 2(1)(c)(xviii) | Exempt if within time limit |
| 18 | Security Deposit fully refunded before 31-Mar-25 | ❌ No | Not outstanding | No need to report |
| 19 | Government Grant/Subsidy | ❌ No | Not loan or deposit | Not in scope of DPT-3 |
| 20 | Share Capital, Premium, Bonus Shares | ❌ No | Equity transaction | Not a financial liability |
5. Certification Requirements
| Transaction Type | Report in DPT-3 | Auditor Certification? |
|---|---|---|
| Deposits | Part I | ✅ Yes |
| Exempt Receipts | Part II | ❌ No |
| NIL Return | NIL | ❌ No |
6. Action Steps
| Step | Description |
|---|---|
| 1️⃣ | Review books of accounts and trial balance as of 31-Mar-2025. |
| 2️⃣ | Refer to enclosed Excel Template for classification (Rule 2(1)(c) wise). |
| 3️⃣ | Fill details like Name of lender, Amount, Date, Nature, Clause, Outstanding balance. |
| 4️⃣ | Identify and separate actual deposits, if any. |
| 5️⃣ | Coordinate with Statutory Auditor for certification if deposits are included. |
| 6️⃣ | If there are no such transactions, intimate for NIL return preparation. |
7. Consequences of Non-Compliance
Failure to file DPT-3 can lead to severe penalties under Section 76A, including:
-
Fine up to ₹1 crore or twice the amount of deposit, whichever is lower
-
Daily penalties for continued default
-
Liability on directors/officers in default
Final Note
Even if your company has no deposits, if you have any outstanding receipts exempt under Rule 2(1)(c), you must file DPT-3 – Part II.
For assistance with classification or filling the Excel template, feel free to reach out. It is advised to complete internal checks well in advance of 30 June 2025 to avoid last-minute delays.
