Form DIR-3 KYC Filing Rules

We all are aware about the step taken by the ministry in order to update its registry; Pertaining to the same MCA has started conducting KYC of all Directors who has been allotted Director Identification Number (DIN) through E-form DIR-3 KYC Annually.

The Ministry of Corporate Affairs has amended the provisions of Companies (Appointment and Qualification of Directors) Rules, 2014 and notified the Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 which shall come into force from 10th July 2018.

Accordingly, every Director who has been allotted DIN on or before 31st day of March, 2018 and whose DIN is in “Approved” status would be mandatorily required to file form DIR-3 KYC on or before 31st day of August, 2018.

E-Form DIR-3 KYC is required to be filed pursuant to Rule 12A and Rule 11(2) and (3) of The Companies (Appointment and Qualification of Directors) Rules, 2014 which is reproduced for your reference.

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 E-form DIR-3-KYC to the Central Government on or before 30th April 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 31st August 2018.

Rule 11(2)

The Central Government or Regional Director (Northern Region), or any officer authorized by the Central Government or Regional Director (Northern Region) shall deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in E-form DIR-3-KYC within the stipulated time in accordance with rule 12A.

Rule 11(3)

The de-activated DIN shall be re-activated only after E-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.

Checklist Of Information Required To File DIR-3 KYC:

DIN Number
Full Name of DIN Holder
Father’s Name of DIN Holder
Whether Citizen of India
Nationality
Residential Status
Date of Birth
Gender
PAN Number
Passport Number If Any
Personal Mobile Number of DIN Holder
Personal Email ID of DIN Holder
Permanent Residential Address
Present Residential Address
Mandatory Attachment: Proof of Permanent Address
Optional Attachment: Copy of Pan, Aadhar, Passport, Proof Of Present Address
DSC of The Din Holder
Certification To Be Done By Any Practicing CA/CS/CMA

According to the amendments, the Ministry has prescribed the format of e-form DIR-3 KYC. The Central Government or Regional Director (Northern Region) or any officer authorized by the Central Government or Regional Director (Northern Region) shall be empowered to deactivate the Director Identification Number (DIN) of an individual, who does not intimate his particulars in E-form DIR-3-KYC within the stipulated time (i.e. 31st August, 2018). The de-activated DIN shall only be re-activated after e-form DIR-3-KYC is filed along with prescribed fee of Rupees 5,000/-.

Tags: Companies Act, Companies Act 2013, DIR-3 KYC

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CS YOGESH GUPTA is founder of Yogesh Gupta & Associates, Company Secretaries & Co- founder of IURIS Consultants LLP & E & A Consultants LLP and Corporate & IPR Law Professionals. He is a Commerce Graduate and an Associate Member of the Institute of Company Secretaries of India ( View Full Profile