As a part of updating its directors database, The MCA has notified the format of E-form DIR-3 KYC under new Rule 12A, vide the ‘Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018’, via notification dt. 05.07.2018, applicable w.e.f. 10 July, 2018. E-form DIR-3 KYC is now available for filing purpose.

> Who is required to file DIR-3 KYC?

12A Directors KYC: – 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.

(For Example 1: – If DIN was allotted as on the date of 31st of March, 2019, then you are required to file DIR-3 KYC before 30th April, 2019.

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018 shall submit E-form DIR-3 KYC on or before 15th September, 2018.

“NOTE: – As per notification dt. 21st of August, 2018, the words and numbers DIR-3 KYC on or before 31st of August, 2018 shall be substituted with “DIR-3 KYC on or before 15th of September, 2018” ( In simple words, MCA has extended the due date of filing of Form DIR-3 KYC from 31st of August, 2018 to 15th of September, 2018).

Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2018

(For Example 2: – If DIN was allotted on or before 31st of March, 2018 then you are required to file DIR-3 KYC on or before 15th September, 2018.

# Mandatory to file for all Directors even for disqualified directors

> Documents required to file DIR-3 KYC: –

1) Proof of Identity: -PAN (Self attested Copy)

2) Proof of Address: – Aadhar Card with updated Mobile number with UIDAI (Self attested Copy)

3) Self attested copy of Passport (if available)

4) Personal Mobile Number and E-mail ID of directors for OTP Verification

5) Digital Signature of director (Registered on MCA Portal).

Note: – 1) In case of Foreign Nationals, passport is mandatory.

2) Mobile No. and E-mail ID shall be of director’s himself only.

3) The E-form DIR-3 KYC shall be duly certified by Practicing Chartered Accountant, Practicing Company Secretary or Practicing Cost Accountant.

> Fees for filing E-form DIR – 3 KYC

1 Fee payable till the 30th April of every financial year in respect of e-form DIR-3 KYC as at the 31st March of immediate previous year. (Read Example 1) Not Applicable
2 Fee payable in delayed cases i.e. after 15th September, 2018 Rs. 5000/-

Notification:

Companies (Registration Offices and Fees) Third Amendment Rules, 2018

Companies (Registration Offices and Fees) Fourth Amendment Rules, 2018

> Consequences of not filing DIR-3 KYC:-

  • In case, a director failed to intimate his particulars in E-Form DIR-3 KYC within stipulated time in accordance with Rule 12A, then the Director’s Identification Number (DIN) of directors shall be Deactivated and the MCA21 system will mark all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’

However, the de-activated DIN shall be Re-activated only after filing of E-form DIR-3 KYC along with prescribed fees as prescribed under Companies (Registration Offices and Fees) Rules, 2014

  • Secondly, Late Fees Penalty amount to Rs. 5000 from 16th of September, 2018 will be levied.

Disclaimer: The contents of this article have been prepared in accordance with the relevant provisions, and information available at the time of preparation. The views and opinions expressed in this article are those of the author and the author does not take any responsibility and cannot guarantee that no inaccuracy occurs. This article cannot be quoted without the consent of the author.

Do write for any Queries/suggestions or Questions at csvaishalijain.leo@gmail.com

(Republished with amendments)

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19 Comments

  1. Subhash says:

    I have a question, Can Government company pay Dividend out of Reserves, if yes does it required to fulfill conditions of Rule 3 of Companies Act,2013.

  2. Dimple Anusha Andey says:

    When we are trying to file now, we are unable to prefill.
    When we are clicking on prefill option, it is showing a message that the “DIN is not deactivated due to non filing of KYC”.
    How can we file now?

    1. Nic says:

      I also get “DIN is not deactivated due to non filing of KYC”, but have not found a solution around it.

      I checked my DIN status on MCA website, and it says “Approved” just to confirm all is OK, but not solution.

      Does anyone have a solution since form does not allow manual entering?

  3. Kamlesh Agarwal says:

    PAN Card is Not Compulsory Attachment
    Attachment is Self Attested and Also Professional Attested
    Many Mistake in This Article
    Sorry But Publish Right Things

  4. Mritunjay Shekhar says:

    Please suggest , Whether it would be public documents once get uploaded. Aadhar and passport like documents are very sensitive.

    1. Vaishali Jain says:

      Dear Sir,
      Mca always focused on maintaining confidentiality of personal and KYC documents. Documents attached in form DIR-3 KYC will not become public documents once gets uploaded on the portal.
      Another point is, it is a form to be filed by individual director, and these documents will not be related to any organisation so these documents will not be available during any kind of inspection.

  5. A K Samal says:

    Madam Vaishali Jain are you sure recent passport size photo is reuired for DIR-3 KYC. U have mentioned in your article. Then where is the space to attach. Pls advise.

    Thanks
    CS. A K Samal

    1. Vaishali Jain says:

      Dear Sir,
      This article was written when the Mca has notified the form. That time it was expected that for KYC purpose majorly PAN, AADHAR and PHOTOGRAPH will be the main attachments.
      And other reason to mention is to make available all the expected neccessary documents in one go.

  6. Bharath Kumar says:

    how to file this Form, i mean who can file this form, can a normal accountant file this form. and where to upload this form, how to upload this form,

  7. MEHUL BHAVESH BAXI says:

    hello just have one question in rule or circular no where it is mentioned that documents to be attached are self attested so is it that company needs to take their own stand or is it to be assumed that PAN and AADHAR shall be self attested ? also no where it is mentioned that documents to be attested by practicing professionals ? it is also not informed any where , could you please help on this?

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