All about e-Form DIR 3- KYC

A. Introduction To E-Form DIR 3- KYC

Ministry of Corporate Affairs (MCA) vide Notification dated 5^thJuly, 2018 has amended Companies (Appointment and Qualification of Directors) Rules, 2014 by inserting Rule 12A and made Directors KYC mandatory which is effective from 10^th July 2018.

Directors KYC will be made by filing e- Form DIR-3 KYC, which is one step forward towards MCA’s effort to systematically weed out fake Companies and its Directors.

In India approx. 50Lac individuals have been allotted Directors Identification Number (DIN) and all of them (including Disqualified Directors) are required to file e-Form DIR 3 KYC by 31st August, 2018 without any fees and after 31^St August 2018 the same can be filed with a fee of Rs. 5000/-.

(MCA website is showing additional precaution by mentioning that after 31st August 2018 e-Form DIR 3 KYC may be filed with fees as may be prescribed and without prejudice to any other action that may be taken, which is not mentioned in the Notification dated 5^th July 2018)

e-Form DIR-3 KYC will be made available on website of MCA with effect from July 14, 2018.

B. Due Date Of Filing E-Form DIR 3- KYC:

According to the aforesaid Notification,every individual who has been allotted Director Identification Number (“DIN):

(i) as at 31^st March 2018 is required to submit Form DIR-3 KYC on or before 31^stAugust, 2018 and ;

(ii) as on 31^St March of a financial year after 31^st March , 2018, is required to submit e-Form DIR-3 KYC on or before 30^th April of immediate next financial year.

C. Certification Of E-Form DIR 3- KYC By Professional

e-Form DIR 3 KYC is required to be signed digitally by the applicant director and the same is required to be certified and verified by practicing Chartered Accountant or Company Secretary or Cost and Management Accountant. Professional is required to declare that he has been duly engaged for the purpose of certification/verification of the form and he is certifying the followings:

(a) That he has satisfied himself about the identity of the applicant and his address based on the perusal of the original of the attached document and in case, where the applicant is residing outside India the particulars have to be verified from the documents duly attested by the attesting authority as prescribed.

(b) That he has verified and attested the documents of the applicant based on the Originals documents produced before me.

(c) That he has gone through the provisions of the Companies Act, 2013 and rules made thereunder for the subject matter of this form and matters incidental thereto and he has verified the particulars mentioned in the form (including attachment(s)) from the original records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed.

(d) That Mobile Number and Email ID of the applicant belong to the applicant who is signing the form.

(e) That all the required attachments have been completely and legibly attached to this form;

(f) That he has kept a copy of this form and attachments thereto, in his records for further reference.

(g) That he is understood that he shall be liable for action under section 448 of the Companies Act, 2013 for wrong certifications, if any found at any stage.

D. Deactivation and Re-Activation of DIN

In case of non-filing of e-Form DIR-3 KYC by any individual as per dates mentioned above , his/ her DIN will be De-activated by the Central Government or Regional Director (Northern Region) or any officer authorised by the Central Government for this purpose.

The de-activated DIN shall be re-activated only after e-form DIR-3 KYC is filed with additional fees.

E. Mandatory Information/ Details for Filing Form DIR-3 KYC

1. Director Identification Number (DIN)

2. Full Name of the Director

3. Fathers Name of the Director Other

4. Whether a citizen of India or not

5. Nationality

6. Whether resident in India or not

7. PAN

8. Date of Birth

9. Gender

10. Aadhar Card Number

11. Passport Number (Mandatory in case of Foreign National)

12. Personal Mobile and Personal Email Id of the Director

13. Permanent Residential address&Present Residential address

F. Mandatory Attachments to E-Form DIR -3 KYC

Proof of Identity and Proof of Address of individual

G. Precaution For Any Professional Before Certification Of E-Form DIR 3 KYC

A word of caution to professional before he certifye-Form DIR-3 KYC :

• To obtain Engagement Letter from the applicant confirming his engagement for the purpose ;
• To obtain declaration from applicant confirming (a) his Mobile Number with a copy of mobile bill , (b) Email- ID belongs to him only and (c) he is qualified or disqualified to be Director by MCA ;
• To verify / attest all documents after review of Originals only and
• To keep a copy of e-Form DIR 3 KYC with all attachments attached thereto for his records.

H. Filing Of E-Form DIR 3 KYC With Own Digital Signature:

Since every individual is required to file e-Form DIR-3 KYC with his / her own Digital Signature (DSC), he/ she need to have DSC , for which following documents and details are required to obtain DSC.

Sr. No	Documents required for getting Digital Signature Certificate
1	Photograph in JPEG format
2	Self certified Proof of identity : (Any one of the following)
	(i) PAN Card (Mandatory for Indian National) (ii) Passport (Mandatory for foreign National) (iii) Voter Identity Card (iv) Driving License (v) Passport (vi) Aadhar Card
3	Self certified Proof of residence (Any one of the following):
	(i) Voter Identity Card (For Resident Only) (ii) Driving License (iii) Passport (iv) Aadhar Card (For Resident Only) (v) Electricity Bill not older than 1 month (vi) Telephone Bill not older than 1 month (vii)Utility Bill for Gas or Water not older than 1 month
4	Email ID for video verification
5	Mobile number for verification (in case Foreign Director – Indian Mobile number for verification)
Note:	If Director is residing outside India:
	Supporting documents should be apostilled/ attested by the Consulate of the Indian Embassy or Foreign Notary Public .

I. Our Views On Filing of New E-Form DIR 3 KYC

Originally vide the Companies Amendment Act, 2006 dated 29^th May 2006, provisions for DIN was mandated by inserting Section 266 A to 266 G and e-Form DIN -1 was prescribed . PAN was not mandatory to fill while applying for DIN.

Later MCA vide Circular No. 11 of 2011 dated 7^th April, 2011 had mandated that all existing DIN holders who have not furnished their PAN earlier at the time of obtaining DIN were required to furnish their PAN by filing e-Form DIN -4 by 31^st May, 2011 failing which their DIN will be disabled and they shall also be liable for heavy penalty. The last date was further extended vide various Circular No. 32 of 2011 dated 31^st May, 2011, Circular No. 66 of 2011 dated 4^th October 2011 , Circular No. 70 of 2011 dated 15^th December, 2011 and Circular No.4 of 2012 dated 09^th March , 2012.