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Overview

Return of Deposits

The 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.

Important

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.



Documents Required




Features

Features & Benefits of Return of Deposits

Mandatory Filing
Required for all companies reporting deposits or excluded liabilities.
Form DPT-3 Filing
Filed electronically on the MCA portal.
Covers All Financial Liabilities
Includes deposits, loans, advances, and non-deposit liabilities.
Exemptions for Certain Companies
Government companies and specific exemptions apply.
Board and Auditor Oversight
Filing must be approved by the board and certified by the auditor.

Return of Deposits

PPenalty for Non-Compliance
Attracts significant penalties under Section 73 of the Companies Act.
Annual Filing Requirement
Filing is required annually, even if the company has no deposits.
Transparency in Reporting
Provides detailed insights into the company’s financial obligations.
Audit-Ready Records
Facilitates statutory and internal audits.
Compliance with Deposit Rules
Ensures adherence to the Companies (Acceptance of Deposit) Rules, 2014.



Comparison with Related Services

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



Frequently Asked Questions

Who is required to file Form DPT-3?

All companies, except government companies and exempted entities, must file Form DPT-3 for reporting deposits and other financial liabilities.

What happens if a company does not file Form DPT-3?

Non-compliance attracts penalties under Section 73 of the Companies Act, 2013, which can include fines for both the company and its officers.

What is the penalty for late filing of Form DPT-3?

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.

What are excluded liabilities in Form DPT-3?

Excluded liabilities include loans, advances, and transactions that do not qualify as deposits under the Companies (Acceptance of Deposit) Rules, 2014.

Can private companies accept deposits from the public?

No, private companies cannot accept deposits from the public. They can accept deposits from directors, relatives, or shareholders under specific conditions.

What documents are required to file Form DPT-3?

Documents include audited financial statements, details of deposits, auditor’s certificate, and loan agreements.