Every Company registered in India except Government Companies having outstanding balance of Company Deposits is required to file return of deposits in Form DPT-3.

All of the following companies are required to file DPT-3:

• Private Limited Companies(PLC)
• One Person Companies(OPC)
• Limited companies(LLP)
• Section 8 Companies

Every company to which these rules apply, shall on or before 30th June For DPT-3 for filing annual return. Fees shall be paid as prescribed and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of the company.

In the situations when the company does not adhere to the requirements of DPT 3 and keeps accepting deposits then it will face the following consequences:

• A penalty of minimum INR 1 Cr.  or twice the amount of deposits, whichever is lower, which may extend to INR 10 Cr.
• Every officer who is in default shall get imprisonment for a period of 7 years along with a fine of not less than INR 25 lakhs which may extend to INR 2 Cr.
• On the company and every officer in default a fine which may extend up to Rs.  5000, and where the contravention is a continuing one, a fine of Rs. 500 for every day since the default. 

Deposit includes any receipt of money by way of deposit or loan or in any other form by a company. However, deposit does not include the following:

• Any amount received from Central Government/ State Government/ Local authority or statutory authority under an Act of parliament or state legislature including any amount received from any other source but whose payment is guaranteed by the Government.
• Any amount received from Foreign Governments, foreign international banks, financial Institutions, agencies, foreign body corporate, and foreign citizens.
• Any amount received as a loan or facility from any banking company including co-operative banks.
• Any amount received as a loan or financial assistance from Public Financial Institutions, Insurance companies.
• Any amount received against issue of commercial paper or any other instrument issued in accordance with RBI guidelines.
• Any amount received by a Company from any other company.
• Any amount received and held pursuant to an offer made for subscription to any securities. However, if the securities for which the application money or advance was received cannot be allotted within 60 days from the date of receipt of application money and advance/ application money is not refunded within 15 days from the completion of 60 days, then such amount shall be treated as deposit.
• Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or a relative of the director of a private company.
• Any amount raised by the issue of bonds or debentures secured by first charge on any asset referred to in Schedule III (Excluding Intangible Asset) or compulsorily convertible into shares of the company within 10 years.
• Any amount raised by issue of non-convertible unsecured debentures and listed on a recognized stock exchange as per the applicable regulations made by SEBI.
• Any amount received from an employee not exceeding his annual salary, under a contract of employment with the company in the nature of non-interest bearing security deposits,
• Any non-interest bearing amount received and held in trust.
• Any amount brought in by promoters (or relatives of promoters) of the company by way of unsecured loan in pursuance of the stipulation of any lending financial Institution or bank.
• Any amount accepted by Nidhi Company in accordance with the rules made under Section 406 of the Act.
• Any amount received by way of subscription in respect of a chit under the Chit Fund Act.
• Any amount received by the company under any Collective Investment Scheme in compliance with regulations framed by the SEBI.
• Any amount of 25 Lakhs or more received by a Startup Company, by way of convertible note (convertible into equity or repayable within 5 years from the date of issue) in a single tranche, from a person.
• Any amount received by the company from Alternate Investment Funds, Domestic Venture Capital Funds, Infrastructure Investment Trust and Mutual Funds registered with the SEBI.