A. No Further Extension of Last date for filing e-Form DIR-3 KYC for DIN allotted on or before 31st March 2018 : MCA
MCA has issued an advisory on it website in which it said that “No further extension of time beyond 15th September 2018 is being accorded for filing DIR-3 KYC (without Fee). All filings thereafter will attract a Fee of Rs. 5000. Stakeholders may kindly take a note and plan accordingly.”
B. MCA to Complete deactivation of non-compliant DINs
As you are aware the last date for filing form DIR-3 KYC without fee has expired on 15th September 2018. The process of deactivating the non-compliant DINs is in progress and is likely to be completed by 17th September 2018. Please note that the form DIR-3 KYC will not be available for filing during the pendency of this activity (from 16th September 2018 to 17th September 2018).
C. ICSI Representation for Extension of e-Form DIR-3 KYC filing due date
THE INSTITUTE OF
Company Secretaries of India
MCA/2018
September 14, 2018
Shit Inert Srinivas
Secretary
Ministry of Corporate Affairs
Shastri Bhawan
New Delhi-110 001
Subject:- Request for extension of Last date for filing e-Form DIR-3 KYC for DIN allotted on or before 31st March 2018
Sir.
This has reference to our letter dated 23rd August 2018 pertaining to request for extension of last date for filing of e.form DIR- 3 KYC for DIN holders as required under the provisions of rule 12A of Companies (Appointment and Qualifications of Directors) Rules 2014.
The MCA notification number GS R 615(E) dated 5th July 2018 regarding insertion of the above rule was followed by MCA notification dated 21st August 2018 wherein the Ministry had keeping in sight the representations from, stakeholders very kindly extended the List date of filing DIR-3 KYC without any filing fees from August 31.2018 to September 15.2018.
Accordingly. the lets of its 5.000 shall be applicable and payable on all delayed filings w.e.f 16/09/2019. (Companies (Registration Office and Fees) Fourth Amendment Rules. 2018)
However. we wish to draw your kind attention towards certain practical difficulties requiring further extension of the last date of filing this form without additional fees:
- Initiation of KYC process mandatorily requires every director to possess digital signature. However. procurement of DSC is a time consuming process which has further been examined with the video verification being mandatory.
- In the case of foreign directors, the process of collection of various proofs and their attestation runs into several days
- The ongoing Garnish festival which is of much significance In the Indian cultural scenario has led to reduced working days available for the accomplishment of this activity
- Entrepreneurs, business persons and Industrialists, the entire brigade of persons playing the role of directors in the boards across the corporates are required to travel a lot This leads to hassles while coordinating With respect to OTPs
- Getting OTP in the case of foreign directors also is genuinely a problem
- Needless to say. the clinic state of Kerala. its infrastructure and oranisation is seriously impaired because of the floods
In view of the above. it is proposed to extend the date of submission to KYC al least by two more months
Thanking you
Yours faithfully
(CS Ashok Kumar Dixit)
Officiating Secretary, ICSI
I cant understand one thing, what govt is trying to prove? What about infrastructure? The system was not working since 13-15 Sept’18.Who is responsible for this?MCA should look into the matter.
Dear sir,
I have been disqualified as a director and have been trying to file KYC details but because the DSC I have, although valid DSC till Mid October 2018, the site is not allowing me to use the same and therefore my KSC has remained to be filed.
Kindly advise
Thanks
The due date must be extended. Please don’t impose such hefty fines without any reason
Your representation is valid and representing the difficulties of entrepreneurs like us. Hope the MCA listens to your representation and extends the date for filing the Dir-3.
Tughlak policy, Tomorrow, They may take a decision to e-KYC for your ADHAR card also Every Year…
Yes, The seniors are well asked. There is no proper interactive communicative tools among the Govt. decisive policies, The system of obtaining a Dig. sign and DIN Nos. itself is a tidious and heck process, They were verified and linked to PAN data, moreover, PAN is linked to Adhar Data. Already Companies who were not filing ARs are already striked Off.. Penalties are already imposed on Daily basis @ 100/- per day for non filings.. Then Now, What this panick ?. The Concerned Govt Officials should guide a proper planning of the practical and legal issues to the sitting concerned Ministers…..
Yes, The seniors are well asked. There is no proper interactive communicative tools among the Govt. decisive policies, The system of obtaining a Dig. sign and DIN Nos. itself is a tidious and heck process, They were verified and linked to PAN data, moreover, PAN is linked to Adhar Data. Already Companies who were not filing ARs are already striked Off.. Penalties are already imposed on Daily basis @ 100/- per day for non filings.. Then Now, What this F… The Concerned Govt Officials should deliver proper planning of the practical and legal issues to the sitting concerned Ministers…..
I am not able to access the portal and only puffering has come from 4.00 PM upto 12 Mid night. the site is not at all opening.
The KYC compliance was to be completed on/before 15/9/2019 whereas the site started having issuing 3 days prior to the last date. The site was practically not working from the evening till 12 pm on 15/9/2018. OTPs were delivered very late, almost by the time they got expired. Even after the OTPs were received and prescrutiny completed after numerous repeated attempts, the site got stuck up. We were almost refreshing the site every second but were left with 4 compliance forms to be filed at 12. This had hindered the compliance even by those who were all set to file, having prescrutined forms in hand. Given the fact that MCA’s bandwidth was not sufficient enough to provide for filing of the eforms on the last date, such harsh penalty amounting to INR 5000/- per form is definitely unfair by all means and further extension without fine/penalty should be granted. Also, MCA should ensure appropriate mechanism to provide for enough bandwidth for smooth filing.
MCA site was completely down during last two days of DIR3 kyc compliance, we couldn’t file single Form. Since the site was not supporting, and levying penalty of Rs. 5000/- will be undue harassment and Government should take steps to extend the date.
It is very difficult to comply the DIR3 KYC with in a short time of span, up to October 30, 2018 to be extend, but the MCA not wish. who will be hear our voice!
I whole heartedly support the representation made by ICSI to MCA for extension of due date for filing DIR-3 KYC for most genuine reasons stated in it.
I whole heartedly support the representation made by ICSI to MCA for extension of due date for filing DIR-3 KYC for most genuine reasons stated in it. The MCA is already having complete information of every director submitted by him at the time of allotment of DIN. Penalty of Rs. 5000/- is extremely harsh amount because the Director has not committed a crime. The additional fees for late filing of a form in MCA is not more than 12 times even when it is late beyond 1 year. Penalty is imposed when a crime is committed with malafide intention. When lacs of Directors could not file DIR-3 KYC due to their practical difficulties and natural calamities, it means the Govt. is treating all of them at par with criminals. It can not be justified from any argument of Ministry of Company Affairs because MCA site remained crashed/over burdened for most of the time, many times it is showing that the size of the form is increased, many times it is showing that the form of old version can not be accepted. Hence I request the Central Govt. to upgrade your site before taking any harsh actions and before treating all genuine stakeholders as criminals. I highly protest such type of actions of MCA. Even in English Govt. a tax payer was treated with respect but this action of MCA is not graceful for stakeholders of free India. Most of the companies are very small companies, can directors of those poor companies pay such heavy penalties. These rules are being made by persons sitting in AC and gettng lacs in remuneration and can not realise the pain of directors of small companies. Such type of harsh rules shall do nothing but ruin the poor stakeholders of India, the power of rising India. It should treated as a forced collection by MCA. A thief can not be penalised like an accused of murder. Delay in filing KYC is not a crime for which the Directors are compelled to pay Rs. 5000/-. GOD save our lovely India by these TUGLAQI FARMAN of MCA.
CA. V.K. MITAL
We are with you.
It is a genuine request from ICAI to MCA to extend the deadline for submission of KYC DIR-3 without any fees considering the natural calamity that had thrown the govt. machinery out of bounds in Kerala.
Please e mail me to join a PIL against system at gujarat high court please email your details
Pcindia15@gmail.com