Companies (Appointment and Qualification of Directors) (Amendment) Rules, 2024
MCA amends Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014 vie notification dated 16th July 2024 by inserting Companies (Appointment and Qualification of Directors) (Amendment) Rules, 2024 with effect from 1st August 2024. Key updates to Rule 12A include:
- Every individual holding a Director Identification Number (DIN) as of March 31 of a financial year must submit e-form DIR-3 KYC to the Central Government by September 30 of the following financial year.
- Individuals who have already submitted e-form DIR-3 KYC for a previous financial year can comply for subsequent years by submitting the web-form DIR-3 KYC-WEB.
- Personal mobile numbers and email addresses can be updated in e-form DIR-3 KYC by September 30 of the financial year.
- Additional updates to personal mobile numbers or email addresses during the same financial year will require submitting e-form DIR-3 KYC with a fee of five hundred rupees.
These amendments aim to streamline the KYC process for directors and ensure their contact information is current.
Amended rule 12A as applicable from 1st August 2024 will be as follows (Changes are marked in Red):-
12A Directors KYC
Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3- KYC for the said financial year to the Central Government on or before 30th, September 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 e-form DIR-3 KYC on or before 5th October,2018.
Provided further that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:
Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only on or before 30th September of the financial year:
Provided also that if an individual intends to update his personal mobile number or the email address again at any time during the financial year in addition to the updation allowed under the third proviso, he shall update the same by submitting e‑form DIR‑3 KYC on payment of fees of five hundred rupees
Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.
MCA Notification is as follows:-
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 16th July, 2024
G.S.R.____ (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. These rules may be called the Companies (Appointment and Qualification of Directors) (Amendment) Rules, 2024.
2. They shall come into force from the 01st day of August, 2024.
3. In the Companies (Appointment and Qualification of Directors) Rules, 2014, in rule 12A,
(a) in the third proviso, after the word “only”, the words and figures “on or before 30th September of the financial year” shall be inserted;
(b) after the third proviso, the following proviso shall be inserted, namely: —
“Provided also that if an individual intends to update his personal mobile number or the email address again at any time during the financial year in addition to the updation allowed under the third proviso, he shall update the same by submitting e‑form DIR‑3 KYC on payment of fees of five hundred rupees:”.
[F. No. 8/4/2018‑CL‑I]
(MANOJ PANDEY)
Additional Secretary to the Government of India
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. 38(E), dated the 20th January, 2023.
