WHAT IS DIR-3 KYC?
It’s a newly incorporated Form. MCA is conducting KYC of all Directors of all companies annually through a new e-form viz. DIR-3 KYC. MCA via its notification dated 5th July, 2018, requires directors to intimate their particulars to the Central Government in e-form DIR-3 KYC within the time as specified.
E-Form DIR-3 KYC is required to be filed pursuant to Rule 12A and Rule 11(2) and (3) of The Companies (Appointment and Qualification of Directors) Rules, 2014.
RULES
Rule 12A: Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a Financial Year as per these rules shall, submit e-form DIR-3 KYC to the Central Government on or before 30th April of immediate next financial year.
PURPOSE OF THIS E-FORM DIR-3 KYC
Purpose of new e-form DIR-3 KYC is that MCA updating its register with latest and personal information of DIN Holders.
WHO HAVE TO FILE DIR-3 KYC?
Every Director who has been allotted DIN as on or before 31st March of a Financial Year submits e-form DIR-3 KYC with Central Government (power assigned to Regional Director).
WHAT IS DUE DATE OF FILING DIR-3 KYC?
Due date of filing of DIR-3 KYC is 30th April of Immediate Financial Year.
WHAT IS DUE DATE OF FILING DIR-3 KYC FOR THE FINANCIAL YEAR ENDED 31ST MARCH, 2018?
Due date of filing of DIR-3 KYC is on or before 31st August, 2018.
EFFECTS OF NON FILING OF FORM DIR-3 KYC
MCA21 system will mark all approved DINs (alloltted on or before 31ST March, 2018) against which DIR-3 KYC form has not been filed as deactivated with reasons as ‘Non Filing of DIR-3 KYC’.
Further if any director fail to file e-form DIR-3 KYC in any Financial Year on or before 30th April, 2018 then his/her DIN shall be deactivate.
CONSEQUENCES OF FILING FORM DIR-3 KYC AFTER DUE DATE (PENALTY)
After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee of Rs. 5000/- only.
IF A PERSON NOT HAVING DIRECTORSHIP IN ANY COMPANY, HOWEVER HOLDING DIN WHETHER SUCH PERSON REQUIRED TO FILE E-FORM DIR-3 KYC?
As per Rules, every person holding DIN have to file e-form DIR-3 KYC, irrespective whether such person having directorship in any Company or not.
Therefore, we can opine that directorship is not any base for filing of DIR-3 KYC; Base for the same is DIN. If person having DIN its mandatory to file DIR-3 KYC.
Link to Download form
http://www.mca.gov.in/MinistryV2/companyformsdownload.html
Then find out Form DIR-3 KYC.
DOCUMENTS REQUIRED
1. Proof of Permanent address
2. Conditional attachments:
- Copy of Aadhaar Card – In case ‘yes’ is selected in the field “Whether Citizen of India”
- Copy of Passport – In case ‘Yes’ is selected in the field “Do you have a valid passport?”
- Proof of Present Address – In case ‘No’ is selected in the field “whether present residential address is same as permanent residential address”.
Please note that “Passport” is mandatory for the Foreign National Individuals.
MANDATORY INFORMATION FOR FORM DIR-3 KYC
- Unique Personal Mobile Number;
- Personal Email ID;
- OTP on Email ID and Mobile No.
The above mentioned details shall belong to the Individual for whom DIR-3 KYC is being filing.
WHEN OTP SHALL BE GENERATE ON MOBILE AND EMAIL?
OTP shall be generate after prescrutinize of the form. (In other word OTP shall be generate at the end after affixation of DSC, prescrutinize).
CERTIFICATION
The form and documents as attached shall be certified by the Professionals like:
- Practicing Company Secretary;
- Practicing Chartered Accountant;
- Practicing Cost Accountant.
SOME OTHER POINTS
- No Government fees is required to paid for filing the forms;
- OTP Validation for Foreign Mobile Numbers is also compulsory.
PROCESSING TYPE
The form will be processed in STP (Straight Through Process) mode.
Retraction( Disclaimer) : Please note that information contained herein is author’s personal view. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation and provisions applicable at that point of time.
Author Bio
Please confirm it is to be filed every year