Short Summary:

As per the statement given this month by MCA Secretary Sh. Injeti Srinivas, MCA has formally announced the Annual KYC Drive through the e-form DIR-3KYC.

As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC to be notified and deployed shortly.

MCA has notified Companies ((Appointment and Qualification of Directors) fourth Amendment Rules, 2018. These Rules shall came into effect from 10th July, 2018.

FAQ’s on DIR-3 KYC based on recent ICSI Webinar 01.08.2018

A. Time period for validity of OTP.

OTP shall be valid for 15 minutes on email and Mobile.

B. Whether Aadhar is mandatory for Indian Citizen?

Some DIN holders having this question in the mind because in the form column No. 13 Aadhar Card “no * Mark” and even in attachment column no. 2 Copy of Aadhar card “no * Mark.

However, as per instruction KIT point no. 13 “Aadhar Number Mandatory to enter in case ‘Yes’ selected in field “Whether Citizen of India”

Therefore, one can opine that if a person is Citizen of India it is mandatory to mention Aadhar No. and attach Aadhar card.

C. Whether mobile no. or email id can be linked to any other director or certifying professionals.

Email ID and Mobile no. shall be related personally to Director only. It should not be related to professional or any other Director.

D. Whether a DIN holder can use its official email id instead of Personal email ID?

Email ID should be person email id of the person instead of official email id.

E. Whether mobile no. of foreign person is mandatory, or whether OTP will be generated on foreign contact no.?

As per-form it is mandatory to mention personal contact no. of person. Therefore, in case of foreign Director his personal contact no. is mandatory to mention.

Second, In case of foreign mobile no. OTP shall be generate and is mandatory to mention in the form.

F. If foreign citizen resident in Indian can use Indian Mobile No.?

Yes, if a foreign citizen is resident in India, such person can use Indian Mobile No.

G. Whether ID proof of DIN holder is required to be attested by the professional certifying the form?

As per verification of column professional have to mention that “I have verified and attested the documents of the applicant based on the Originals documents produced before me.” here “Attested” means attestation of documents attached in the form.

Therefore, one can opine that documents i.e. ID proofs attached in the form should be attested by the professional certifying the e-form DIR-3 KYC.

H. In case of address of DIN holder is different in MCA record from the Aadhar Card, how to proceed?

In such case DIN Holder shall follow the following process:

  • First file e-form DIR-6 and update the latest Address.
  • After filing of DIR-6 file the DIR-3 KYC.

I. Whether Passport is mandatory for DIR-3 KYC?

  • Passport is mandatory for the Foreign National Person.
  • However, if an Indian person having passport in such case it is mandatory to mention passport No. (As the column no. 11 is star marked and confirming whether such person having passport or not). If such person not having passport then not required

J. Which rules shall be followed for Attestation?

For attestation of documents “attestation rules as specified in the companies (incorporation) rules shall be followed.

K. Whether documents of foreign person required to be appostile / notarized/ consularised?

As per MEA guidelines all the documents of Foreign person required to be appostile / notarized/ consularised as per the regulations.

L. Whether it is mandatory to have engagement from the din holder for certification of form by the practicing professional?

As per-form it is mandatory to engage professional for certification of form.

M.Whether all the documents are required to be self attested by DIN holder?

Yes all the documents of DIN holders are required to be self attested.

GENERAL QUESTIONNAIRE

A. 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-3KYC with central government.

B. What is due date of DIR-3 KYC?

Due date of filing of DIR-3KYC is 30th April of Immediate Financial Year

C. What is due date of DIR-3 KYC for the F.Y. ended 31.03.2018?

Due date of filing of DIR-3KYC is on or before 31st August, 2018

D. Mandatory Information DIR-3 KYC?

  • Unique Personal Mobile Number
  • Personal Email ID.
  • OTP on Email ID and Mobile No.

E. Certification of DIR-3 KYC?

  • DSC of Director
  • DSC of practicing professional (CA/CS/CMA)

F. Whether Disqualified Directors required filing DIR-3 KYC?

Yes, Filing of DIR-3 KYC would be mandatory for Disqualified Directors also

G. Effect of director fails to file DIR-3 KYC?

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’ with reason as ‘Non-filing of DIR-3 KYC’

If any director fails to file e-form DIR-3 KYC any financial year on or before 30th April, 2018 then

H. Consequences of filing of DIR-3 KYC after due date?

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. 5,000/- only, without prejudice to any other action that may be taken

I. If a person not holding Directorship anywhere for whole year or years. Whether such person required to file DIR-3 KYC every financial year?

Yes even a person is not holding directorship in any Company, such person also required to file DIR-3 KYC every financial year on or before 30th April.

J. Whether it is mandatory for a person to have DSC to file DIR-3KYC?

Yes It is mandatory to affix DSC of Director on his e-form DIR-3 KYC.

K. 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-3KYC with central government.

L. Whether email ID / Mobile No. of any other person can be mentioned in DIR 3 KYC?

e-form DIR-3 KYC specifically mentioned about Personal Mobile and Personal Email ID. Therefore, one can opine that Director have to use their own personal mobile No and email ID. Otherwise it shall be default under Rule 12.

Even one place in form mentioned i.e. “Mobile No. and email ID shall be of the Director himself only”

NOTE:

√ In case of Indian National, Passport is not mandatory.

√ In case of Foreign National, Passport Is mandatory

Most Important – For – Professional:

1. Professional has to give declaration that he/ she are engaged for Certification / verification of this form.”

Following should be course of action for the professional if he certified the e-form DIR-3 KYC.

√ Obtain Engagement Letter from the Director

√ Mention all the details mentioned in DIR-3 KYC in the engagement Letter

√ Confirm that the Mobile No. and email ID belongs to Director only

√ Keep copy of attachments and form in his record.

M. 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.

N. If a person is designated partner in LLP, whether such person is required to file DIR-3 KYC?

As we discussed in above question, that DIR-3 KYC is DIN based.

Therefore, if a person is designated partner in LLP such person must have DIN. As such person having DIN it is mandatory for him/ her to file DIR- 3 KYC.

O. If a professional CA/CS/CWA having DIN. Whether he himself can affix his Digital Signature in the capacity of DIN holder as well Professional?

As per e-form DIR-3 KYC professional have to certify the following things:

  • I declare that I have been duly engaged for the purpose of certification/verification of this form.
  • I have satisfied myself about the identity of the applicant

Practically, a person can’t work in 2 capacities simultaneously and a person can’t engage himself for verification of his details and documents. Therefore, one can opine that form DIR 3 KYC should be digitally signed by 2 different persons.

P. What are the mandatory attachments for DIR-3 KYC (for person other than foreign national)?

Copy of PAN Card, if any
Permanent Resident Address Aadhar Card
Present Resident Address (If same as Permanent address) Aadhar Card
Present Resident Address (If different from Permanent): Utility Bill (Mobile Bill, Electricity Bill any other document in proof of same)

Q. Attachment in the Form in Particular Column?

Proof of Permanent Resident Address Aadhar Card
Copy of Aadhar Card Aadhar Card

R. Whether Passport is mandatory for DIR-3 KYC?

Passport is mandatory for the Foreign National Person.

However, if an Indian person having passport in such case it is mandatory to mention passport No. (As the column no. 11 is star marked and confirming whether such person having passport or not). If such person not having passport then not required.

S. 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 etc)

( Republished with New Set of Question and Answers)

Author Bio

More Under Company Law

Posted Under

Category : Company Law (4051)
Type : Articles (17804)
Tags : Companies Act (2515) Companies Act 2013 (2287) Divesh Goyal (330) FAQs (474) KYC (29) KYC norms (45)

10 responses to “Director KYC under Companies Act, 2013 with FAQs”

  1. Simhadri says:

    while giving the pan validation the form shows an error as please enter correct pan details.

  2. rajinikanth says:

    when clicking send otp in dir3kyc it says error msg as ” please enter a valid mobile numberwith country code / email id” although i entered right. please clarify me.

  3. Sonu Gupta says:

    permanent as well as present address shall be in line with the documents specified as Residential Proof in Rule 16(1) of the Companies (Incorporation) Rules, 2014. and it doesn’t cover Aadhar Card.

  4. Srikar says:

    Hi,
    No need to file DIR-6 if address is different in Aadhaar from MCA records as MCA already clarified in FAQ all information as entered in the form DIR-3 KYC shall be updated in the DIN holders’ database.

  5. PRIYANKA VYAS says:

    Please suggest what steps a company should take if a Director don’t update or not willing to update KYC on MCA Portal till 31st August, subsequent to which his/her DIN become de-activated.

    As the Annual Filing period is not far, the company has to perform various compliance involving all the directors of the Company.

    Looking forward for a solution.

    • ROHIT VERMA says:

      Hello Ms. Priyanka,
      Greetings!

      As the requirement of filing DIR-3KYC is vest with concerned DIN holder non filing of which will affect of de-activation of DIN.
      note above non-compliance will de-activate the DIN not disqualified the Director for any of his act in capacity of director such as Signing of Blance sheet etc.

      However, i must clear you that for annual filing only one DSC is required for filing purpose. therefore, the other Director(s) of the company (who already filed DIR-3KYC) need not to worry for such directors non-compliance.

      Thanks & Regards,

      CS Rohit Verma
      rohit.verma2388@gmail.com
      +91-9897125686
      (contact for any other related query)

  6. NARESH GAMI says:

    Can i use a single e mail ID & Contact No. for multiple DIN.

    e.g. same e mail ID & Mobile No. for husband and wife

    • SHIVANI GAUTAM says:

      No, you cannot use a single email id and contact no.
      unique mobile no. and email id shall be used for every DIR-3 KYC .

  7. Padmanabh Ranchhoddas Merchant says:

    Advise procedure and cost for obtaining DSC for DIN holder.
    Thanks

    • Kajal Goyal says:

      The following information/documents shall be required for the purpose of obtaining DSC:

      1. PAN
      2. Residence proof
      3. E-mail ID
      4. Contact No.

      For any further details, please contact at cskajalgoyal@gmail.com or 9999952595.

Leave a Reply

Your email address will not be published. Required fields are marked *