Need of the e-form DIR-3 eKYC)

As you are aware that Registrar of Companies across the India struck off inactive rather non-compliant Companies and disqualified Directors associated with that Companies. Directors associated with these Companies filled several writ petition before various high courts on the ground that opportunity of being heard is not provided to them before taking any action against them.

ROC issued notices to Companies concerned but not informed directors associated with them because ROC doesn’t have any database of individual directors. So, as a part of creating database of directors consisting mobile number, email Id and residential address of Directors, MCA issued a new form which is required to be filled every year by every DIN holder.

What is Form DIR-3 KYC?

Form DIR-3 KYC is the annual form required to be filled with the ROC by every Director Identification Number (DIN) holders regardless he is appointed as a director or not, whether he is qualified or disqualified.

DIR-3 KYC is  introduced vide MCA notification dated 05th July 2018 by which Companies (Appointment and Qualification of Directors) Rules, 2014 been amended by release of Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018

LAWS GOVERNING PROVISIONS

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.

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 (ROC) on or before 30th April of immediate next financial year.

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 31st August, 2018.”

CONSEQUANCES OF NO-FILING

Rule 11(2)

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

DIR- 3 KYC after Due date – permissible? Yes If you want to spent Rs. 5,000/-.

Rule 11(3)

The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with Rs. 5,000/- additional fees.

GUIDE TO FILE YOUR KYC

1. Enter Name of Director as per PAN database

2. Enter Father’ Name (Married woman must also mention her father’s name)

3. Enter Nationality, Date of Birth, Income Tax PAN

4. Select whether do you have a Passport? If Yes, enter passport number and attach copy of passport

5. Enter Aadhar Number and attach copy of aadhar card

6. Enter Personal Mobile No and Email Id

7. Enter Permanent residential address and present residential address

8. Compulsory Attachments:

  • Proof of Permanent residential address – Aadhar Can be used
  • Copy of Aadhar Card
  • Copy of Passport – If Having
  • Proof of Present residential address – If different from permanent address

The above attachments must be self-certified by concerned DIN holder and also attested by professionals’ along with his signature and membership number.

After affixing DSC of Concerned Director and Practicing Professional (CS/CA/CWA), Pre-scrutinize the form, and then click on ‘Send OTP’ button. Please note that OTP can be successfully sent to the mobile number and email ID against one form, for a maximum of 10 times in one day and twice in a span of 30 minutes. Once, OTP received on both mobile number and email id, enter the both OTPs and click on verify OTP button. After verification, file the form and save the acknowledgement.

Author Bio

Qualification: CS
Company: DVG & Associates
Location: Mumbai, Maharashtra, India
Member Since: 02 Feb 2018 | Total Posts: 79
CS Dhaval Gusani is a founder of DVG & Associates, Company Secretaries and Corporate Law Professionals. He is a Commerce and Law Graduate and an Associate Member of the Institute of Company Secretaries of India (ICSI). He has cumulative experience of more than 5 years with Listed Company, Charte View Full Profile

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21 Comments

  1. Deek Rao says:

    I have filled KYC norms now I want to resign from LLP . The problem is other partner’s have not filed KYC so whether it is possible for me to resign now? If so please provide me the steps

  2. SAMIR PRADHAN says:

    How come Aadhar details are compulsory when 1) UIDA has time and again warned NOT to share Aadhar details like number & authentication must be done through biometrics only
    2)Matter re Aadhar is subjudice in #SupremeCourt

  3. Nisha says:

    HOW DO YOU KNOW THAT ITS BECAUSE OF WRT PETITON FILLED BY IRECTORS THIS WHOLE KYC THING CAME INTO PICTURE? I FOUND NO OTHE ARTICLES TO SUPPORT YOUR IDEA. ALTHOUGH, I FULLY BELIEVED IN IT FOR A MOMENT BUT I STILL WANT TO KNOW MORE ABOUT IT.

  4. Gulshan Kumar says:

    Dear sir,

    I was a director of a company but i had resigned from that company and i am no more director of any company, do i still have to fill DIR 3 form?

    Thanks

  5. JR says:

    I was previously Director of a Pvt. Ltd. company and subsequently resigned. I am no longer associated with any company and do not plan to be as I am 70 years old. Since I have DIN, I will be filing the DIR-3 KYC. However, to avoid the hassle and cost (have to pay professional to certify even though there is no filing fee for the form itself), can I surrender or deactivate my DIN? I read somewhere that once DIN is used as Director of a company, it cannot be surrender and is lifelong. So how do we avoid the annual compliance requirement for a DIN that is no longer necessary? If I stop filing the KYC I am concered that I will be in violation of the law which requires the annual compliance.

  6. Nisha says:

    should i haqve to file dir – 6 for change in directors details as per din details available before filling kyc? is dir 3 kyc not enough in itself as it will update the din details?

  7. Raman says:

    A question.

    Is aadhar mandatory for KYC?

    AFAIK SC has not allowed anything except PDS to be connected with Aadhar. So under which order/law/act is this. Can you point to some sources?

  8. Mamta gupta says:

    i have submitted dir-3kyc form and it submitted correctly but challan has not generated in challan site mca 21 error page had shown..
    What should i do for getting the chalan ?

  9. shashikant gupta says:

    do independent directors have to take dir 3kyc even if they have not taken DIN from our company . THey may have DIN from their other company .

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