DPT 3

[Ruchi]

Dear Members

In Form DPT 3 , If a Private Limited Company has taken unsecured loan from its shareholder then how will that be reported?

[Sushant Shukla]

Here is a comprehensive analysis of how an unsecured shareholder loan must be reported in Form DPT-3 by a Private Limited Company.

Form DPT-3 — Reporting of Unsecured Shareholder Loans by a Private Limited Company

1. The Critical Threshold Question: Who Is the Shareholder?

The entire reporting treatment hinges on the identity of the shareholder giving the loan. The law draws a sharp distinction:

Shareholder Category	Classification	DPT-3 Treatment
Director of the private company	Exempted Deposit	"Particulars of transactions not considered as deposit"
Relative of a director of the private company (with prescribed declaration)	Exempted Deposit	"Particulars of transactions not considered as deposit"
Member (shareholder) who is NOT a director or relative of a director	Deposit	"Return of Deposit"

Source: Rule 2(1)(c)(viii), Companies (Acceptance of Deposits) Rules, 2014; MCA FAQs on Form DPT-3 (Vinod Kothari Consultants, 28 June 2019, Q&A 12(a)).

2. Legal Basis

• Section 73(2), Companies Act, 2013 — Governs acceptance of deposits by companies from members. A private company may accept deposits from members subject to prescribed conditions; such amounts are treated as deposits, not exempted deposits.

• Rule 2(1)(c), Companies (Acceptance of Deposits) Rules, 2014 — Defines "deposit" and lists 14 categories of exclusions. Loans from ordinary members (non-director shareholders) do not fall within any exclusion.

• Rule 16, Companies (Acceptance of Deposits) Rules, 2014 — Mandates annual filing of Form DPT-3 on or before 30 June each year, reporting the position as of 31 March.

• Companies (Acceptance of Deposits) Amendment Rules, 2019, Notification G.S.R. 42(E) dated 22 January 2019 — Inserted the explanation under Rule 16 clarifying that Form DPT-3 covers both deposits and non-deposit transactions.

3. How to Report: Step-by-Step

Step 1 — Purpose Selection

Select "Return of Deposit" as the purpose in Form DPT-3.

If the company also has exempted deposits (e.g., a separate director loan), select "Return of Deposit and Particulars of transactions by a company not considered as deposit."

Step 2 — Field 15 (Deposit Details)

This is the critical field. Report the following for the shareholder loan:

Column	What to Enter
Opening Balance	Amount outstanding as of 1 April of the financial year
Additional Loan During the Year	New amounts received from the shareholder during the year
Repaid During the Year	Repayments made during the year
Adjustments	Any adjustments (e.g., interest capitalised, if applicable)
Closing Balance	Amount outstanding as of 31 March — this is the key figure
Loans outstanding ≤ 1 year	Portion of closing balance outstanding for up to 1 year
Loans outstanding > 1 year and ≤ 3 years	Portion outstanding for 1–3 years
Loans outstanding > 3 years	Portion outstanding for more than 3 years

The closing balance must reconcile with the audited financial statements.

Step 3 — Mandatory Attachments

Since the loan is classified as a deposit, the following are mandatory:

• Auditor's Certificate — Verifying the deposit amount, outstanding balance as of 31 March, and compliance with the Companies (Acceptance of Deposits) Rules, 2014. (MCA Clarification dated 24 June 2019)

• Board Resolution — Authorising the filing of Form DPT-3.

• Digital Signature Certificate (DSC) — Of a Director or Company Secretary.

Note: The auditor's certificate is not required if the company is filing only for exempted/non-deposit transactions. Since a shareholder loan is a deposit, the certificate is mandatory.

4. Filing Deadline

Form DPT-3 must be filed on or before 30 June of every year, reporting the position as of 31 March of that financial year. (Rule 16, Companies (Acceptance of Deposits) Rules, 2014)

5. Consequences of Non-Filing or Incorrect Classification

Provision	Penalty
Rule 21, Companies (Acceptance of Deposits) Rules, 2014	Up to ₹5,000 for the company and each officer in default; ₹500 per day for continuing default
Section 73, Companies Act, 2013	Company: Fine of minimum ₹1 crore or twice the deposit amount (whichever is lower), up to ₹10 crore; Officers: Imprisonment up to 7 years + fine up to ₹2 crore

Misclassifying a shareholder loan as an "exempted deposit" (when the shareholder is not a director or relative) is a substantive error that can attract the Section 73 penalties.

6. Practical Summary

A Private Limited Company that has received an unsecured loan from a shareholder who is not a director or relative of a director must:Classify the loan as a deposit under Section 73(2) of the Companies Act, 2013.Select "Return of Deposit" as the purpose in Form DPT-3.Report the full movement and outstanding balance in Field 15, with ageing.Attach a statutory auditor's certificate.File by 30 June annually.

If the shareholder is also a director (or relative of a director) and has furnished the written declaration under Rule 2(1)(c)(viii) confirming the funds are not borrowed, the loan qualifies as an exempted deposit and is reported under "Particulars of transactions not considered as deposit" — without the auditor's certificate requirement.

Try LITT today!

Thanks and Regards,

Sushant Shukla
Founder - LITT

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On Tue, Jul 7, 2026 at 12:35 PM Ruchi <ruchi...@gmail.com> wrote:

Dear Members

In Form DPT 3 , If a Private Limited Company has taken unsecured loan from its shareholder then how will that be reported?

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