Ministry of Corporate Affairs (MCA) vide Notification dated 25th July, 2019 has notified Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 by amending Rule 11 and 12A and Companies (Registration Offices and Fees) Fourth Amendment Rules,2019 which are effective from 25th July 2019 .

1. AMENDMENT IN RULE 11 COMPANIES (APPOINTMENT AND QUALIFICATION OF DIRECTORS) RULES, 2014 :

(2) The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC or the web service DIR-3-KYC-WEB within stipulated time in accordance with rule 12A:

(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC or the web service DIR-3-KYC-WEB is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.]

2. AMENDMENT IN RULE 12A COMPANIES (APPOINTMENT AND UALIFICATION OF DIRECTORS) RULES, 2014 :

Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, 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.

“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-3KYC-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 DIR-3 KYC only.

Provided also that fee for filing e-form DIR-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.”

3. AMENDMENT IN COMPANIES (REGISTRATION OFFICES AND FEES) FOURTH AMENDMENT RULES, 2019 :

“VII. FEE FOR FILING c- Form DIR-3 KYC or DIR-3 KYC-WEB under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014.

(i) Subject to serial numbe (iii) below, fee payable till the 30th September of every financial year in respect of e-form DIR-3 KYC or DIR-3KYC-WEB through web service, as the case may be, for the immediate  previous financial year. NIL
(ii) Fee payable (in delayed case). Rs. 5000
(iii) Fee payable if the individual failed to file e-form DIR3 KYC or DIR-3 KYC WEB through web service, as the case may be, for the immediate previous financial year (in delayed case) Rs. 5000

The summarized highlight of amended rule shall be

1. With the amendment in rules, the MCA21 has simplified the Director KYC with introduction of DIR – 3 KYC WEB through web service.

2. In respect of Individual who have previously submitted DIR – 3 KYC and there is no change in Mobile Number or Email ID than he/she needs to submit KYC in DIR – 3 KYC WEB through web service.

3. In respect of Individual who have previously submitted DIR – 3 KYC and there is change in Mobile Number or Email ID than he/she needs to submit KYC in FORM DIR – 3 KYC.

4. In respect of Individual who have previously submitted DIR – 3 KYC and there is change particular of DIN other than Mobile Number or Email ID than he/she needs to submit DIR – 6 for change in particular of DIN and Form DIR – 3 KYC.

5. In respect of Individual who have not previously submitted DIR – 3 KYC than he/she needs to submit KYC in FORM DIR – 3 KYC.

6. There will be no government fee for submitting FORM DIR – 3 KYC and DIR – 3 KYC WEB for current year till 30th September of particular year.

7. The Government fees for submitting FORM DIR – 3 KYC and DIR – 3 KYC WEB for previous year or delayed submission after 30th September, the Government Fees will be Rs. 5000/-.

Disclaimer: The above article is only for information purpose and is on based on the author’s interpretation of the relevant provision. The same should not be considered as professional advice.

You may contact the author for further information at 9558219019 or csmdbaid2000@gmail.com.

Author Bio

Qualification: CS
Company: M D Baid & Associates
Location: Surat, Gujarat, IN
Member Since: 25 Jul 2019 | Total Posts: 1

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