- CS Kajal Goyal
- | Company Law - Articles
- 17 Jul 2018
- 12,690 Views
- 5 comments
Ministry of Corporate Affairs (MCA) in order to update its registry is conducting KNOW YOUR CLIENT (KYC) of all the Directors of all Companies annually through a form viz. DIR-3 KYC.
Accordingly, MCA has notified Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018 and a new rule 12A has been inserted to provide for filing of Form DIR-3 KYC.
Page Contents
- 1. WHO HAVE TO FILE DIR-3 KYC
- 2. PURPOSE OF FILING DIR-3 KYC
- 3. DUE DATE OF FILING DIR-3 KYC
- 4. FILING FEES OF DIR-3 KYC
- 5. IS IT REQUIRE FOR DISQUALIFIED DIRECTORS TO FILE DIR-3 KYC
- 6. IS IT MANDATORY FOR DESIGNATED PARTNER TO FILE DIR-3 KYC
- 7. INFORMATION REQUIRED FOR FILING OF DIR-3 KYC
- 8. MANDATORY ATTACHMENTS WITH DIR-3 KYC
1. WHO HAVE TO FILE DIR-3 KYC
Every Director who has been allotted DIN as on or before 31st March, 2018. However, it is important that in case a DIN holder is not a Director in any Company then also, he is required to file the form.
2. PURPOSE OF FILING DIR-3 KYC
KYC is the process of identifying and verifying the identity of Directors similar to the Bank KYC where Government intends to know the “Active” status of the Director and expects them to submit a yearly intimation.
3. DUE DATE OF FILING DIR-3 KYC
For the current financial year (i.e 2018) DIR-3 KYC is required to be filed on or before August 31, 2018 and for all subsequent financial years, the same is required to be filed on or before 30th April.
4. FILING FEES OF DIR-3 KYC
There is no filing Fees for DIR-3 KYC , however if form filed after the due date as mentioned above, there shall be a penalty of Rs. 5000/- per form and in addition thereto, the central government is authorised to deactivate the DIN of director.
5. IS IT REQUIRE FOR DISQUALIFIED DIRECTORS TO FILE DIR-3 KYC
Yes, it is mandatory for disqualified director to file DIR-3 KYC.
6. IS IT MANDATORY FOR DESIGNATED PARTNER TO FILE DIR-3 KYC
Yes, it is mandatory for a designated partner as well as the requirement is of having a DIN that a DP has and not of appointment in any Company.
7. INFORMATION REQUIRED FOR FILING OF DIR-3 KYC
- Mobile No.
- E-mail ID
- OTP on E-mail ID and Mobile no.
8. MANDATORY ATTACHMENTS WITH DIR-3 KYC
- Residential proof
- Self attested copy of PAN card
- Self attested copy of Aadhar Card
- Copy of utility bill (In case permanent and present address are different)
- Self attested copy of Passport (In case the individual is a foreign national)
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Dear Kajal,
I am both a director in a private limited company and a designated partner in a LLP. Do i need to file two DIR 3 KYC compliance?
Dear Kajal,
Is Aadhaar mandatory, what if any director doesn’t have aadhaar but has other documents e.g. Passport, DL, Electoral I Card etc.
Hi Deepak,
As per the recent notification, Aadhar is optional and other documents as mentioned by you can be used for director KYC purpose.
Hi Sarayu,
A Director who is NRI has to mandatorily attach self attested copy of his passport along with the permanent and/or present address proof of the country in which he is residing. Further, any foreign document to be valid in India in any authority is required to attested.
For any further information, please contact at [email protected] or 9999952595
sir,
what documents should be attached by a director who is NRI and Indian national ?whether authority attestation is required ?