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A.  Law(s) Governing the eForm DIR-3 KYC

i. Company Law Rules related to eForm DIR-3 KYC

eForm 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 as amended by  Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018 which is reproduced for your reference.

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.

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

Rule 11(2):

The Central Government or Regional Director (Northern Region), or any officer authorised 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 within stipulated time in accordance with rule 12A.

Rule 11(3):

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

B. Purpose of the eForm DIR-3 KYC

As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through the eform DIR-3 KYC. Accordingly, every Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status, would be mandatorily required to file form DIR-3 KYC on or before 31st August,2018.

C. Specific Instructions to fill the eForm DIR-3 KYC at Field Level

Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.

Sr. No. Section Name Field Name Instructions
1 (a) Director Identification Number (DIN) Should be an ‘Approved’ DIN.

In case of Deactivated DINs, DINs with status ‘De-activated’ due to reason ‘Non-filing of KYC in DIR-3-KYC’ shall be allowed after 31st August 2018.

2 (a) First Name Single alphabet shall not be allowed. Either of applicant’s First name or Last name shall be mandatory to enter. The name should be entered as mentioned in PAN since the same shall be verified with PAN database.
(b) Last name Single alphabet shall not be allowed. Either of applicant’s First name or Surname shall be mandatory to enter. The name should be entered as mentioned in PAN since the same shall be verified with PAN database.
(c) Middle Name Name should be as per PAN database.
3 (a) First name Single alphabet shall not be allowed. Either of father’s First name or Last name shall be mandatory to enter.

The name should be entered as mentioned in PAN since the same shall be verified with PAN database.

(b) Last name Single alphabet shall not be allowed. Either of Father’s First name or Surname shall be mandatory to enter.

The name should be entered as mentioned in PAN since the same shall be verified with PAN database.

(c) Middle Name Name should be as per PAN database.
5 Nationality Foreign nationals shall select the nationality as declared in the passport.
7 Date of Birth Enter date in DD/MM/YYYY format. Person should be minimum 18 years of age while filling this application.
9 Income-tax PAN Enter your Income tax permanent account number (Income tax PAN).Income tax PAN is mandatory for Indian Citizens.
Verify income-tax PAN If Income tax PAN is entered, it is mandatory to click on ‘Verify income-tax PAN’ button. System shall verify the details based on PAN.

Ensure that the name (first, middle and last name), father’s name (first, middle and last name) and date of birth is as per the income-tax PAN details.

11 Do You have a valid passport Mandatory to select ‘Yes’ in case ‘No’ selected in field “Whether Citizen of India”
Passport number Mandatory to enter if ‘Yes’ is selected above in field 11
13 Aadhaar Number Mandatory to enter in case ‘Yes’ selected in field “Whether Citizen of India”.
14 Personal Mobile Number Enter your personal mobile number. Please note that the same will be verified by OTP.

Country Code other than +91/91/0 shall be allowed only in case Whether resident in India is selected as ‘No’.

15 Personal Email ID Enter your personal email ID.

Please note that the same will be verified by OTP.

Send OTP This button will be enabled only after successful Pre-scrutiny of the form. Click on this button to send OTP to your mobile number and email ID.

Please note that separate OTPs will be sent to mobile number and email ID. Further, 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.

For further chances, you may download a fresh form on the same day or try next day.

D. Fee for Filing and delay in filing of eForm DIR-3 KYC 

S. No Purpose of the form Normal Fee Additional   Fee (Delay Fee)
1. KYC filed before 31st August  by    applicant
who has been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status
Zero #N/A
2. KYC filed  after 31st August 2018 by applicant   whose DIN status is ‘deactivated’ and the reason for deactivation is ‘Non- filing of KYC in DIR-3 KYC’. Rs. 5,000 #N/A

Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.

E. Processing Type of eForm DIR-3 KYC 

The form will be processed in STP mode. On successful submission of the eForm DIR-3 KYC, SRN will be generated and shown to the user which will be used for future correspondence with MCA. Approval mail shall be sent to the email ID of the applicant and to the user who has filed the eForm.

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11 Comments

  1. STUDENT says:

    Sir, I am submitting the KYC form after the due date, ie, after 15th Septermber, 2018. When I click on ‘Prescrutiny’ they are saying the form version is not the latest one. But I am using the one then downloaded. Please help.

  2. Alok says:

    Hi,
    I am trying to submit the KYC form. I was able to complete till the pre scrutiny & fill in the OTP. But the Submit button is not getting activated. How to do that

  3. Really Tired says:

    My Dir-3 KYC has been filed and the SRN generated. But I just discovered that my CA typed the wrong Aadhaar Number for me in the form. Now what? Can a second Dir- KYC be filed?

  4. dhruv says:

    i have already filed one form before the updated form was released on 9/8/2018 so do i need to once again file a form in the updated version

  5. Yatin K says:

    What are the fees charged for filling DIR3 KYC?

    Also, what are the fees charged for other annual ROC fillings like MGT9, AOC2, Directors Report, resolutions, etc. for Small companies having turnover less than 2 Crore

  6. richa says:

    sir the box of “send OTP” is hidden,so i’m unable to verrify the mo. no.& email id even after filling the no. & id
    please help me

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