To cope with the difficulties being faced while complying with the provisions of Rule 12A of the Companies (Appointment and Qualifications of Directors) Rules,2014, MCA has clarified the below mentioned things regarding requirements for filings of DIR-3 KYC vide General Circular 07/2019.
DIR KYC date will be extended (due to non-availability of revised form till date) and method of doing KYC will be updated as under:-
1. If all details of Director are same as on MCA portal, then web-based KYC verification with pre-filled data based on the records in the registry.
2. If email / mobile number is required to be updated_ then DIR-3 KYC based verification.
2. if any other info to be updated, then first file DIR-6 and then DIR-3 KYC based verification.
The amendment in the relevant rules related to the extension of time or web-based KYC verification will be notified shortly by the concerned department.
RELEVANT CIRCULAR IS AS FOLLOWS:-
General Circular No. 07/2019
F.No.01/22/2013-CL-V
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
5th Floor, ‘A’ Wing Shastri Bhawan,
Dr. R.P. Road, New Delhi
Dated: 27.06.2019
To
All Regional Directors,
All Registrars of Companies,
All Stakeholders.
Subject: Filing DIR-3 KYC under the Companies Act, 2013- regarding.
Sir,
The Ministry of Corporate Affairs has received representations from stakeholders expressing certain difficulties in filing e-form DIR-3 KYC in accordance with Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014. Requests have also been made for extension of period for filing such form.
2. The matter has been examined and it is hereby informed that it is being proposed that every person who has already filed DIR-3 KYC will only be required to complete his/her KYC through a simple web-based verification service, with pre-filled data based on the records in the registry, for ease of verification by the person concerned. However, in case a person wishes to update his mobile no. or e-mail address, he would be required to file e-form DIR-3 KYC, as this facility of updation is not being proposed in the web-based In case of updation in any other personal detail, e-form DIR-6 may be filed for updation of the same before completion of KYC through the web-based service.
3. The amendment in the relevant rules including the amendment related to extension of time (allowing for adequate time) for completion of KYC through e-form DIR-3 KYC or the web-based service, as the case may be, is being notified shortly. Stakeholders are advised to take note of the same and file according to the revised notification.
4. This issues with approval of the competent authority.
Yours faithfully
(KMS Narayanan)
Assistant Director (Policy)
Ph: 23387263
Copy forwarded for information and necessary action to:-
1. E-Governance Section
2. Guard File.
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Note: The author i.e. CA Mridul Gupta is a Chartered Accountant at Mridul Gupta and Company and can be reached at (M) 9810561740 and (E) camridulgupta0709@gmail.com.
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