Vide Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2022 MCA notifies revised e-form DIR-3-KYC and web-form DIR-3-KYC-WEB.
Analysis by Corporate Laws & Corporate Governance Committee of ICAI
Amendment in the Companies (Appointment and Qualification of Directors) Rules, 2014
This is to inform you that the Ministry of Corporate Affairs vide its notification dated 29th August 2022 has amended the Companies (Appointment and Qualification of Director) Rules, 2014.
The amendments are as follows:
1) Particulars of e-form DIR-3 KYC have been amended and have been substituted with new e-form DIR-3 KYC.
2) Particulars of web form DIR-3-KYC-WEB have been amended and have been substituted with new e-form DIR-3-KYC-WEB.
Full text of the Notification is as follows:-
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 29th August, 2022
G.S.R. 662(E).—In exercise of the powers conferred under second proviso to sub-section(1), sub-section (4), clause (f) of sub-section (6) of section 149, sub-sections (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section(1) of section 168 and section 170 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: –
1. Short title and commencement.- (1) These rules may be called the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Appointment and Qualification of Directors) Rules, 2014, in the Annexure, for e-form DIR-3-KYC and web-form DIR-3-KYC-WEB, the following forms shall respectively, be substituted, namely:-
“FORM NO. DIR-3-KYC
Form language English Hindi
KYC of Directors
[Pursuant to rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014]
All fields marked in * are mandatory
In case of Indian nationals, Income-tax Permanent Account Number (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN. In such cases, director details should be as per Income-tax PAN. In case the details as per Income-tax PAN are incorrect, director/designated partner is advised to first correct the details in Income-tax PAN
Refer instruction kit for filing the form
Director related information
1 (a) *Director Identification Number (DIN) ______
(b) *Name ______
2 Director’s Name (Enter full name and do not use abbreviations)
(a) First name ______
(b) Last name ______
(c) Middle name ______
3 Father’s Name (Married woman shall also give father’s name)
First name ______
(a) Last name ______
(c) Middle name ______
4 *Whether a citizen of India Yes No
5 *Nationality ______
6 *Whether resident in India Yes No
7 *Date of birth (DD/MM/YYYY) ______
8 *Gender Male Female Transgender
9 Income tax PAN __________ Verify Income Tax PAN
10 *Do you have Aadhaar Yes No
Aadhar number __________
11 Voter’s Identity card number __________
12 *Do you have a valid passport Yes No
Passport number __________
13 Driving license number __________
14 *Personal Mobile Number __________
Send OTP Re-send OTP
15 *Enter OTP for Mobile Number Verify OTP
16 *Personal Email ID __________
Send OTP Re-send OTP
17 *Enter OTP for e-mail ID Verify OTP
18 Permanent residential address
Do you have permanent address outside India Yes No
*Address Line 1 __________
Address Line 2 __________
*Country __________
*Pin Code/Zip Code __________
*Area/Locality __________
*City __________
District __________
*State/UT __________
*Jurisdiction of police station __________
Phone __________
Phone __________
19 *Whether present residential address is same as permanent residential address 20 Present residential address Yes No
*Address Line 1 __________
Address Line 2 __________
*Country __________
*Pin Code/Zip Code __________
*Area/Locality __________
*City __________
District __________
*State/UT __________
*Jurisdiction of police station __________
Phone __________
Fax __________
Attachments
(a) *Proof of permanent address Choose File Remove Download
(b) Copy of Aadhaar Card Choose File Remove Download
(c) Copy of Passport Choose File Remove Download
(d) Proof of present address Choose File Remove Download
(e) Optional attachment(s) – if any Choose File Remove Download
Verification
I, hereby confirm and verify that the particulars given in the Form herein above are true and also are in agreement with the documents being attached to this form.
(i) The documents being attached to the Form DIR-3KYC belong to me. I further confirm that all required documents have been duly issued by the respective government authority and are attached to the Form DIR-3 KYC;
(ii) I further confirm that the Mobile No and email ID belong personally to me;
(iii) I have not been declared as a proclaimed offender by any court of Economic Offences or court of Judicial Magistrate or High Court or any other Court;
(iv) I have no other allotted DIN other than DIN in which changes are intimated under section 154 of the Companies Act,2013 or a Designated Partner Identification Number under section 7 of the Limited Liability Partnership Act, 2008; and
(v) I shall be liable under section 447 read with section 448 of the Companies Act, 2013 and under relevant provisions of the Indian Penal Code, 1860 and any other law as applicable, if any statement in this application is found to be false or any material fact is found to be have been omitted.
*To be digitally signed by DIN holder DSC BOX
Certificate by practicing professional
I declare that I have been duly engaged for the purpose of certification/verification of this form. It is hereby certified that:
____ *I have satisfied myself about the identity of the DIN holder and his address based on the perusal of the original of the attached document.
Note: In case where the DIN holder is residing outside India the particulars have to be verified from the documents duly attested by the attesting authority as prescribed.
____ *I have verified and attested the documents of the DIN holder based on the Originals documents produced before me.
____ *All required attachments have been completely attached to this application.
____ *I have gone through the provisions of the Companies Act, 2013 and rules there under for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company/DIN holder which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed.
____ *I further certify that:
____ *Mobile No and email ID belong to the Director signing the form.
____ *All the required attachments have been completely and legibly attached to this form.
____ *I have kept a copy of this form and attachments thereto, in my records for further reference.
____ *It is understood that I shall be liable for action under section 447 read with section 448 of The Companies Act, 2013 for wrong certifications, if any found at any stage.
*To be digitally signed by DIN holder DSC BOX
* Category
[Chartered accountant (in whole-time practice), __________
Cost accountant (in whole-time practice, Secretary) in whole-time practice]
*Whether associate or fellow Associate …….Fellow
Membership number __________
Certificate of Practice number __________
Save Submit
Note: Attention is drawn to provisions of Section 447 read with section 448 and 449 of the Companies Act, 2013 which provide for punishment for false statement / certificate and punishment for false evidence respectively.
For office use only:
eForm Service request number (SRN) __________
eForm filing date (DD/MM/YYYY) __________
This eForm has been taken on file maintained by the registrar of companies through electronic mode and on the basis of statement of correctness given by the director and professional.
***
FORM NO. DIR-3-KYC-WEB
Form language
Verify Director’s KYC Details English Hindi
[Pursuant to rule 12A of The Companies (Appointment and Qualification of Directors) Rules, 2014]
Refer instruction kit for filing the form
All fields marked in * are mandatory
User Verification
1 *DIN of director __________
2 (a) *Personal Mobile Number __________
Send OTP Re-send OTP
*Enter OTP for Mobile Number Verify OTP
2 (b) *Personal Email ID __________
Send OTP Re-send OTP
*Enter OTP for email-ID Verify OTP
User details
3 *Director’s Name __________
4 *Father’s Name __________
5 *Citizen of India Yes No
6 *Nationality __________
7 *Resident of India Yes No
8 *Date of Birth (DD/MM/YYYY) __________
9 *Gender __________
10 Income Tax PAN __________
11 Aadhaar Number __________
12 Voter’s Identity Card Number __________
13 Passport Number __________
14 Driving License Number __________
15 *Permanent Residential Address __________
16 *Present Residential Address __________
Confirmation
___ *I, accept and confirm that the particulars given herein above are true, correct, and complete.
Save Proceed Cancel
[F. No. 8/4/2018-CL-I- Part I]
MANOJ PANDEY, Jt. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 259(E), dated the 31st March, 2014 and last amended, vide notification number G.S.R. 439 (E), dated the 10th June, 2022.
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Where can the new DIR-3 KYC web form be dowloaded from..?
where i can download DIR 3 KYC, its not available in MCA 21
Where can the new DIR-3 KYC form be dowloaded from..?