Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION

New Delhi, the 25th July, 2019

G.S.R. 528(E).— In exercise of the powers conferred by the second proviso to sub-section (1), sub-section (4) and clause (i) of sub-section (6) of section 149, sub-sections (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: —

1.  (1) These rules may be called the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2.      In the Companies (Appointment and Qualification of Directors) Rules, 2014 (hereinafter referred to as the said rules), in rule 11, in sub-rule (2) and sub-rule (3), after the letters, words and figure “e-form DIR-3-KYC” the words, letters and figures “or the web service DIR-3-KYC-WEB” as the case may be” shall be inserted.

3. In the said rules, in rule 12A,‑

(i)   for the words “who has been allotted”, the words “who holds” shall be substituted;

(ii) for the words, letters and figures “submit e-form DIR-3-KYC to the Central Government on or before 30th June of immediate next financial year”, the words, letters and figures “submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th September of immediate next financial year” shall be substituted;

(iii) after the proviso, the following provisos shall be inserted, namely:‑

“Provided further that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:

Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DI R-3 KYC only:

Provided also that fee for filing e-form DI R-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.”.

4. In the said rules, in the Annexure, after e-form DIR-3 KYC, the following web-form shall be inserted, namely:-

DIR-3-KYC -WEB KYC of Directors

(Pursuant to rule 12A of The Companies (Appointment and Qualification of Directors) Rules, 2014]

DIR-3-KYC -WEB KYC of Directors

[F. No. 1/ 22/ 2013-CL-V]

(K.V. Murty)

Joint Secretary to the Government of India

Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 259(E), dated the 31st March, 2014. and subsequently amended vide the following notifications:-

Serial Number Notification Number Notification Date
1. G.S.R. 671(E) 18.09.2014
2. G.S.R. 42(E) 19.01.2015
3. G.S.R. 839(E) 05.07.2017
4. G.S.R. 51(E) 22.01.2018
5. G.S.R. 431(E) 07.05.2018
6. G.S.R. 558(E) 12.06.2018
7.   G.S.R. 615(E) 05.07.2018
8. G.S.R. 798(E) 21.08.2018
9. G.S.R. 904(E) 20.09.2018
10. G.S.R. 339(E) 30.04.2019
11. G.S.R. 368(E) 16.05.2019

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