Penalty of Rs. 5000/- WAIVED OFF
FILE YOUR KYC IMMEDIATELY AT NO FEE.
File E-Form DIR-3 KYC or Web based DIR-3 KYC without additional fees till 30th September 2020 under ‘COMPANIES FRESH START SCHEME- 2020‘ (CFSS – 2020).
| SL. NO. | PARTICULARS | DETAILS |
| 1. | What is DIN? | DIN is Director Identification Number – a unique 8 digit Identification Number allotted to a Director by Central Government. It is valid for life-time. It is specific to person. So, one DIN can be used for multiple companies.
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| 2. | DIR -3 KYC
Pursuant to rule 12A of the {Companies (Appointment and Qualification of Directors), Rules, 2014} |
It is an e-form or web based form. Every person who possesses DIN will have to submit the Know Your Customer (KYC) documents every financial year.
Please note that all Directors require DIN, BUT all DIN holders may not be Directors. |
| 3. | Eligibility for KYC | Any person who has obtained DIN as on 31st March of a financial year and their status is in active mode as on 31st March of a financial years need to submit DIR- 3 KYC or DIR-3-KYC-WEB to the Central Government on or before 30th April of immediate next Financial year
DIN holders as on 31st March 2020 are required to file KYC before 30th April, 2020. Further, this procedure is mandatory for the disqualified directors too. Note: If the status of DIN is marked as ‘deactivated’ due to non-filing of DIR-3 KYC, there is an opportunity to file before 30th September 2020 under “CFSS Scheme-2020” |
| 4. | What is the difference between E-form DIR-3 KYC and DIR-3-KYC-WEB | E-form DIR-3 KYC: It is the form for DIN holders to Submit KYC Documents by validating OTP received on their specified mobile number and email ID for the first time. This will require Digital Signature Certificate (DSC) to be affixed by the applicant and also by a Practicing Professional.
DIR-3-KYC-WEB: It is the web based window for filing DIR-3 KYC in subsequent years by validating OTP received on the Registered Mobile Number and Email ID submitted in an E-form DIR-3 KYC. There is no requirement of DSC in Web mode If any Personal details of the Directors needs to be changed, it has to be done only through an E-form DIR-3 KYC |
| 5. | Due date for E-form DIR-3 KYC or DIR-3-KYC-WEB | Due date is 30th April of every Financial Year.
Note: As per general Circular No. 11/2020 dated 24th March 2020 and No.12/2020 dated 30th March 2020 – Moratorium Period is given till 30th September 2020 without additional fees to all DIN holders who have missed to file for FY 2018 and 2019. |
| 6. | What is Moratorium Period | Due to pandemic COVID-19, Finance Minister has declared Moratorium period till 30th September (extended the timelines without fees) to file an E-form DIR-3 KYC or DIR-3-KYC WEB for all the eligible DIN Holders. |
| 7. | Companies Fresh Start Scheme-2020 (CFSS-2020)
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Under Companies Fresh Start Scheme-2020(CFSS-2020), an E-form DIR-3 KYC or DIR-3-KYC-WEB can be filed without Additional fees of Rs. 5000/- |
| 8. | Filing after Moratorium Period | DIN holders filing Form DIR-3 KYC or DIR-3-KYC-WEB shall pay fees of Rs. 5000/- |
| 9. | Effect of non-filing of DIR-3 KYC within due date | The DINs’ shall be marked as ‘deactivated’ due to non-filing of DIR-3KYC/DIR-3-KYC-WEB. |
| 10. | Mandatory fields in the E-form DIR-3 KYC | I. Personal information: The following details to be filled mandatorily
1. DIN to be mentioned and prefill 2. Name shall be prefilled 3. Director’s Name to be given again as per records 4. Director’s Father’s Name 5. Citizenship 6. Nationality 7. Resident Country 8. Date of Birth 9. Gender 10. PAN is mandatory in case of Indian Citizens- Verify PAN and it shall be validated as per details in Income-tax PAN database 11. Date of Birth 12. Gender 13. Aadhaar Number(Optional) 14. Voters ID (Optional) 15. Valid Passport(Mandatory in case of foreign nationals and optional for Indian Citizens) 16. Driving License Number(Optional) 17. Personal Mobile Number 18. Personal Email ID 19. OTP for Mobile Number (will be enabled after pre-scrutinizing the form) 20. OTP for Email ID (will be enabled after pre-scrutinizing the form) 21. Permanent Residential Address (if Outside India, then the Address Proof to be attached 22. Present Residential Address (If present address is different from Permanent Address-Please attach Address proof of both present and permanent) Other fields in the form 1. Verification by the applicant and also digitally signed. 2. Certification from Practicing Professionals such as CA, CS or Cost Accountant |
| 11. | Attachments to E-Form DIR 3 KYC | Mandatory Attachments
1. Permanent Address proof- Copy of Aadhaar Card, Passport, Voters ID, Ration card, Electricity bill or Telephone Bill 2.Present Address Proof (should be attached if present and permanent address are different) 3. PAN Card is mandatory in case of Indian Citizens 4. Other Attachments if any Conditional Attachments: 5. Copy of Passport – If Passport field is selected ‘YES’ 6. Copy of Aadhaar Card – If Aadhaar field is selected ‘YES’ Additional Supporting’s for the attachments 7. Self-Attestation by the applicant on all the KYC attachments/documents 8. Attestation of the documents mentioned above from Practicing Professionals such as CA, CS, or Cost Accountants. In the case of Foreign Nationals, documents need to be attested by the prescribed authority in their Home Country. 9. A declaration has to be provided by the applicant duly attested by practicing professionals. (optional) 10. In case of Foreign Nationality – Passport, Address proof such as Latest Month Bank statement, Electricity Bill, Citizenship Card or Driving License having Address to be apostilled and notarized in the home country of the Directors. |
| 12. | DIR-3-KYC WEB | Below is web based KYC window, applicable only when there are no changes in personal details of Director and applicable in the subsequent years after filing an E-form DIR-3 KYC for the first time.
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Conclusion: The concept of E-Form DIR 3 KYC was notified on 5th July 2018 and was effective from 10th July 2018. The relaxation and extension of the due date to file the e-forms or to submit on web basis has been given in the previous years for the benefit of all the DIN Holders to upload repetitive personal documents. E-form DIR-3 KYC OR DIR-3-KYC WEB is to be complied on annual basis to keep one’s DIN status as “ACTIVE” or “APPROVED”. The form is approved on Straight through Process (STP) mode and approval mail shall be sent to the Email ID of the applicant and to the user who has filed the e-form.
About Authors:- This article is co-authored by Asha Diwakar (Practicing Company Secretary) who is co-founder and Designated Partner of M/s CLAAT Corporate Advisors LLP (Chhota CFO).
Chhota CFO (www.chhotacfo.com ) offers a range of services and integrated solutions in the areas of India corporate regulations, compliance, accounting and taxation for Start-ups, SMEs and Corporates – right from incorporating new companies, statutory registrations, secretarial compliance, bookkeeping and accounting, tax consulting & filing, audit & assurance and other associated professional services to start, maintain and grow your business.
Mrs. Asha Diwakar may be contacted at asha.diwakar@chhotacfo.com/ connectus@chhotacfo.com.
Disclaimer: Utmost care has been taken to prepare the article. However, inadvertently if any error occurs, please note that the authors shall not be held responsible for any such cause. The content published is only for educational purpose and shall not be construed as rendering of any professional advice in any manner whatsoever. The readers must exercise their own judgement and refer the original source before any implementation. The content is an original work of the authors and may be used only after prior written permission.
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IS IT APPLICABLE TO FY 18-19 OR ONLY TO FY 19-20??