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Prakash Kakani Director, PNS EV HubThe Return of Deposits refers to the annual filing requirement under the Companies Act, 2013, where companies report details of deposits, loans, or advances received during a financial year. This is submitted to the Ministry of Corporate Affairs (MCA) using Form DPT-3. The purpose is to ensure transparency and compliance with regulations regarding deposits and financial liabilities.
The Return of Deposits is mandatory for all companies except for government companies and entities exempt under the Companies Act. It includes reporting details of secured or unsecured loans, deposits, or advances, whether they qualify as “deposits” or are excluded under the Deposit Rules.
1. Regulatory Compliance : Ensures adherence to the Companies Act, 2013, and Deposit Rules.
2. Transparency : Provides stakeholders with clear information about the company’s financial liabilities.
3. Avoidance of Penalties : Non-compliance attracts significant fines for companies and directors.
4. Corporate Governance : Promotes better management of financial records and obligations.
5. Regular Monitoring : Keeps the Registrar of Companies (ROC) informed about the company’s financial health.
Feature | Return of Deposits (DPT-3) | Annual Financial Statements | Annual Return Filing |
---|---|---|---|
Objective | Report deposits and liabilities | Report financial performance | Report corporate structure |
Scope | Loans, deposits, and advances | Entire financial data | Shareholding and directors |
Filing Form | DPT-3 | AOC-4 | MGT-7 |
Mandatory for Companies | Yes | Yes | Yes |
Deadline | 30th June | Within 30 days of AGM | Within 60 days of AGM |
Penalty for Non-Compliance | High | Moderate | High |
Regulatory Authority | MCA | MCA | MCA |
All companies, except government companies and exempted entities, must file Form DPT-3 for reporting deposits and other financial liabilities.
Non-compliance attracts penalties under Section 73 of the Companies Act, 2013, which can include fines for both the company and its officers.
The penalty starts at ₹1,00,000 for the company and ₹25,000 for each officer in default, with an additional fine of ₹500 per day for continuing default.
Excluded liabilities include loans, advances, and transactions that do not qualify as deposits under the Companies (Acceptance of Deposit) Rules, 2014.
No, private companies cannot accept deposits from the public. They can accept deposits from directors, relatives, or shareholders under specific conditions.
Documents include audited financial statements, details of deposits, auditor’s certificate, and loan agreements.