This editorial delves into the intricacies of Form DIR-3 KYC, clarifying its purpose and crucial compliance aspects. Directors Identification Number (DIN) holders must ensure they meet the requirements to stay compliant with the latest regulations.
Exploring Form DIR-3 KYC: Form DIR-3 KYC serves the purpose of updating the Ministry of Corporate Affairs (MCA) register with the latest personal information of DIN holders. The MCA notified the Companies (Appointment and Qualification of Directors) fourth Amendment , 2018, effective from July 10th, 2018.
Rule 12A:
Every individual who has been allotted a Director Identification Number (DIN) as on 31st march of a financial year as per these rules shall, submit form DIR-3-KYC to the Central Government on or before 30th September of immediate next financial year.
Commonly Asked Questions (FAQs):
Modifying Email ID or Mobile Number
Que 1: Which form should the DIN holder file to modify their email ID or Mobile number?
Ans 1: A DIN holder can change their email id or mobile number only by filing the DIR 3 KYC form.
Filing More than Once
Que 2: Whether a person can file their DIR-3 KYC form more than once in a financial year?
Ans 2: A person can file DIR-3 KYC only once in a financial year.
Updating Email ID and Mobile Number
Que 3: How do I update the email ID and Mobile number of the DIN holder? If such a person has already filed DIR3 KYC for that Financial year?
Ans 3: As per the Companies Act, email ID and Mobile number can be changed only by filing Form DIR 3 KYC. This form can be filed only once in a financial year.
Therefore, DIN holders can change their Email ID and Mobile number after March 31, 2024, when they will be allowed to file Form DIR-3 KYC for the next financial year.
Modifying Other Details
Que 4: Which form should DIN holders file to modify any of their details except Email ID and Mobile number.
Ans 4: To modify the details in the DIN (except Email and Mobile number), the DIN holder is required to file Form DIR-6 with RD.
Frequency of DIR-3 Filing
Que 5: How many times can a DIN holder file DIR-3 in a financial year?
Ans 5: There is no restriction on the filing of DIR-6. A DIN holder can file DIR 6 n. number of times during a financial year to modify their details (except email ID and Mobile number).
Creating Login ID
Que 6: To file DIR 3 KYC (web/ form) on V-3 Portal, is it mandatory to create Login Id of DIN Holder?
Ans 6: It is not mandatory to create login ID of DIN holder to complete file their DIR 3 KYC.
Professionals can file DIR-3KYC for n.. No. of DIN holders from his V3 Business User ID.
Filing through Company Log In
Que 7: Whether DIR 3 KYC of director can be done from the Company Log ID on MCA V3 Portal?
Ans 7: There is no restriction on the same. If DIN holder is the director of the Company and his DIN is appearing in the Signatory Details of the Company.
Checking DIR-3 KYC Status
Que 8: On V3 portal, how to check that DIR-3 KYC of Director has been filed or not?
Ans 8: You have to follow the following step to check the same:
- Login to MCA V-3
- Click of My Application, Company e-filing, Din Related Filing
- Click on DIR-3 KYC Web
- Mention DIN and Enter
- Then, it will show the status of KYC
DIR-3 KYC Requirement for Non-Director DIN Holders
Que 9: If a person has DIN, but does not hold directorship in any company, does he require to do DIR 3 KYC?
Ans 9: Holding of directorship is not a criterion for filing of DIR-3 KYC. Every DIN holder has to file DIR-3 KYC with MCA.
Que 10: Where to find DIR KYC option on the new V3 portal?
Ans 10: Follow the below mentioned Steps
- Login to MCA V-3
- Click of My Application,
- Click on Company e-filing
- Click on Din Related Filing
- Click on DIR-3 KYC Web.
Que 11: How many DIR-3 KYC can be file through “Company Log In” on MCA V-3?
Ans 11: Through Company Login, KYC of all the directors of the Company can be filed with MCA.
Que 12: What is due date of DIR-3 KYC?
Ans 12: Due date of filing of DIR-3 KYC is 30th September of Immediate Financial Year.
Que 13: If a person is designated partner in LLP, whether such person is required to file DIR-3 KYC?
Ans 13: As DIR-3 KYC is DIN based form.
Therefore, if a person is designated partner in LLP such person must have DIN. As such person having DIN it is mandatory for him/ her to file DIR- 3 KYC.
Que 14: If a professional CA/CS/CWA having DIN. Whether he himself can affix his Digital Signature in the capacity of DIN holder as well Professional?
Ans 14: As per form DIR-3 KYC professional must certify the following things:
- I declare that I have been duly engaged for the purpose of certification/verification of this form.
- 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 thereunder 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.
- Mobile No and email ID belong to the Director signing the form.
- All the required attachments have been completely and legibly attached to this
- 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 477 read with section 448 of The Companies Act, 2013 for wrong certifications, if any found at any stage.
Practically, a person can’t work in 2 capacities simultaneously and a person can’t engage himself for verification of his details and documents. Therefore, one can opine that form DIR 3 KYC should be digitally signed by 2 different people.
Mandatory Attachments
Que 15: What are the mandatory attachments for DIR-3 KYC Form (for person other than foreign national)?
Ans 15:
- Copy of PAN Card, if any
- Permanent Resident Address- Aadhar Card
- Present Resident Address (If same as Permanent address): Aadhar Card
- Present Resident Address (If different from Permanent): Utility Bill (Mobile Bill, Electricity Bill any other document in proof of same)
Passport Requirement
Que 16: Whether Passport is mandatory for DIR-3 KYC?
Ans 16: Passport is mandatory for the Foreign National Person.
However, if an Indian person having passport in such case, it is mandatory to mention passport No. If such person not having passport then not required.
Foreign Director’s Mobile Number
Que 17: Whether mobile no. of foreign person is mandatory, or whether OTP will be generated on foreign contact, no?
Ans 17: As per form it is mandatory to mention personal contact no. of person. Therefore, in the case of foreign Director his personal contact no. is mandatory to mention.
Second, In case of foreign mobile no. OTP shall be generate and is mandatory to mention in the form.
Using Official Email ID
Que 18: Whether a person can mention his official email id instead of personal email id?
Ans 18: In form 3-4 places it is mentioned that person email id of person required to be mentioned. However, a person can be director upto 20 companies and form is required to file only for DIN one time in a year.
Therefore, one can opine that such an individual have to mention his personal email ID instead of official email id.
Attesting ID Proof of Foreign Nationals
Que 19: Whether ID proof of foreign person are required to be apostille or notarized?
Ans 19: As mentioned in the declaration column of the form. Practicing professionals should verify that documents of foreign person are properly appostile and notarized.
Professional Certification
Que 20: Whether ID proof of DIN holder is required to be attested by the professional certifying the form?
Ans 20: As per verification of column professional have to mention that “I have verified and attested the documents of the applicant based on the Originals documents produced before me.” here “Attested” means attestation of documents attached in the form.
Therefore, one can opine that documents i.e. ID proofs attached in the form should be attested by the professional certifying the form DIR-3 KYC.
Que 21: Whether it is mandatory to mention police station address in the DIR 3 KYC?
Ans 21: Police station address is mandatory to mention in DIR 3 KYC form along with contact details of Police Station.
Que 22: Whether Disqualified Directors required filing DIR-3 KYC?
Ans 22: Filing of DIR-3 KYC would be mandatory for Disqualified Directors also.
Providing Indian Mobile Numbers
Que 23: If foreign citizen resident in Indian can use Indian Mobile No.?
Ans 23: Yes, if a foreign citizen is resident in India, such person can use Indian Mobile No.
Updating Address in MCA Record
Que 24: In case of address of DIN holder is different in MCA record from the Resident proof, how to proceed?
Ans 24: In such case DIN Holder shall follow the following process:
- First file form DIR-6 and update the latest Address.
- After filing of DIR-6 file the DIR-3 KYC
Consequences of Non-Filing
Que 25: Consequences for non-filing of DIR 3 KYC before Due Date
Ans 25: MCA21 system will mark DIN against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reasons as ‘Non-filing of DIR-3 KYC.
Additional Fees for Delay
Que 26: What are the additional fees for filing of DIR 3 KYC after Due Date?
Ans 26: After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee of Rs. 5,000/- only, without prejudice to any other action that may be taken.
Que 27: If a DIN holder has not filed DIR 3 KYC for more than 1 financial year. Then how much additional fees shall be levy on the same?
Ans 27: The additional fees shall be levying one time i.e. INR 5,000. Its doesn’t matter how many years you have not filed DIR 3 KYC.
Que 28: Can non-resident directors provide Indian mobile numbers ?
Ans 28: If the DIN holder is a non-resident, only a foreign address and a foreign number are permitted.
Role of Signatories
Que 29: Who are the signatories for DIR-3 KYC form ?
Ans 29: There are two signatories in form DIR-3 KYC
- The DIN holder and
- A Professional (CA/CS/CMA) certifying the form.
Conclusion: This editorial sheds light on Form DIR-3 KYC, offering clarity on its significance and requirements. By understanding these nuances and adhering to the guidelines, DIN holders can ensure seamless compliance with the regulations and maintain an updated profile in the MCA register.
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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).
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