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The Ministry of Corporate Affairs has recently notified the amended Companies (Appointment and Qualifications of Directors) Rules, 2014 w.e.f. 25th July, 2019.  Accordingly, as per the said rules, all Directors who have been allotted Director Identification Number (DIN) are required to be file Form DIR-3 KYC.

Earlier, it was expected that Form DIR-3 KYC shall come up and Directors and professionals has to be fill in the same information again that has already been remitted to the Ministry making the compliance repetitive and cumbersome in nature. But to much relief, the Ministry has notified 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 updating is not being proposed in the web-based service. Now, let us study about the various frequently asked questions (FAQs) about filing Form DIR-3 KYC:

1. Who are required to file Form DIR-3 KYC?

All the Directors who have been allotted Director Identification Number (DIN) up to 31st March, 2019 are required to File Form DIR-3 KYC.

2. Which Directors are required to file KYC through web based DIR-3 KYC?

All the Directors who meet the both below mentioned conditions can file web based DIR-3 KYC:

  • Filed e-Form DIR-3 KYC in the previous financial year; and
  • Does not intend to update their mobile number and e-mail ID to the Ministry.

3. Which Directors are required to file KYC through e-Form DIR-3 KYC? 

All the Directors who meet any of the below mentioned conditions has to be file e-Form DIR-3 KYC:

  • Has been allotted DIN in the financial year 2018-19;
  • Has not filed e-Form DIR-3 KYC in the previous financial year;
  • Intend to update their mobile number and e-mail ID to the Ministry.

4. What is the procedure to file web based DIR-3 KYC? 

The following is the procedure: 

  • Login to MCA using Username and Password.
  • Select MCA Service-DIN Services-DIR-3-KYC-Web.
  • Enter DIN of the concerned person.
  • Pre-filled mobile number and Email ID shall appear. Click on send OTP.
  • Enter OTP for mobile number and Email ID.
  • Click on verify OTP.
  • A Zero Rupee challan along with the SRN shall be generated.

5. What is the procedure to file e-Form DIR-3 KYC?

For the same, you can refer to below mentioned link:

https://taxguru.in/company-law/form-dir3-kyc.html

6. What is the due date for filing the e-Form DIR-3 KYC?

The due date for filing the same is 30th September, 2019. 

7. What is the fee for filing the Form? 

As long as the Form is being filed before the due date, the fee is zero.

8. What is the penalty for non-filing of the Form or filing it after the due date?

The penalty for non-filing of Form after the due date is Rs. 5000/-

9. In case someone has not filed e-Form DIR-3 in previous financial year, then also will the fees be zero?

No, in case a Director has not updated his/her KYC in the previous financial year, the statutory fees shall be Rs. 5000/-.

{The author is a Company Secretary in Practice at Kajal Goyal and Associates, Delhi and can be reached at (M) 9999952595 and (E) cskajalgoyal@gmail.com}

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KAJAL GOYAL AND ASSOCIATES, is a Company Secretary proprietorship firm, offering its expertise and one stop solutions for all Corporate compliance requirements to the clients with a strong emphasis on ethics and ‘being on toes’. Capable delivering services related to Companies Act, FEMA, Re View Full Profile

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