As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through the new eform DIR-3 KYC. Following are the detailed journey regarding the form:
I. Provisions governing eFrom DIR-3 KYC
EForm 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 are as under:
A. Rule 12A: Filing of Form DIR-3 KYC per year for new DIN allotted during the year
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 form DIR-3 KYC on or before 31st August 2018. Extended till Sept 15, 2018
Case A: Mr. Director has allotted DIN Number on or before 31st March, 2018.
Solution: The director needs to compulsorily file form DIR-3 KYC before 31st March, 2018.
Case B: Mr. Director has allotted DIN number on 15th July, 2018.
Solution: Since the DIN is allotted after 31st March, 2018 it need to file the DIR-3 KYC before 30th April, 2019 (i.e. 30th April of immediately next financial year).
From next year onwards i.e. from the financial year ending 31/03/2019 form, DIR-3 KYC is required to be filed annually on or before 30th April of immediate financial year.
B. Rule 11(2): Consequence of non-filing of KYC form
The Central Government or Regional Director (Northern Region), or any officer authorised 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 stipulated time in accordance with rule 12A.
C. Rule 11(3): Reactivation of de-activated DIN due to non-filing of KYC form
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.
II. Last day to file DIR-3 KYC?
The last date of filing of DIR-3 KYC is:
DINs allotted on or before 31st March, 2018
31st August, 2018
Extended till Sept 15, 2018
DINs allotted after 31st March, 2018
On or before 30th April of immediate next financial year.
[Like for year 2018-19 KYC is to be filed before 30th April, 2019].
III. Fees for filing Form DIR-3 KYC?
Fees structure are
If filed before due date
If filed after due date
Since the form is required to be certified by any practising professional (Practicing CA/CS/CMA), professional fees are required to be paid separately.
Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.
IV. For which type of Director Form is required?
Filing of DIR-3 KYC would be mandatory for every director including the Disqualified director. Even for Director who not holding directorship for the whole of the previous year.
How to use DSC for the disqualified director: form does not demand DIN/PAN for digital signature, so disqualified director can also use his DSC, as the rule itself allowed this form for disqualified directors also.
V. What if someone failed to file form DIR-3 KYC on due time?
After expiry of the due date by which the form is to be filed, the MCA21 system will mark all approved DINs as “Deactivated” with reason as “Non-filing of DIR-3 KYC”.
However, after the expiry of the due date of filing and deactivation of the DINs, it will be allowed upon payment of specified fees (currently 5,000 mentioned in the form), without prejudice to any other action that may be taken by the MCA.
VI. Documents and Information required to fill the form.
Following documents are required:
Copy of PAN Card (mandatory);
Copy of Aadhaar Card (Mandatory if a person is resident of India);
Personal Mobile Number (for separate OTP);
Personal Email-ID (for separate OTP);
Proof of residential address (any one of the Electricity Bill/Mobile Bill/Bank Statement/Telephone Bill not older than two months);
Digital Signature of applicant director (PAN mentioned in form and PAN mentioned in DSC should be the same. Which means that details in DSC are entered with PAN card at the time of preparation).
VII. Processing type of eForm DIR-3 KYC
The form will be processed in STP mode. On successful submission of the eForm DIR-3 KYC, SRN will be generated and shown to the user which will be used for future correspondence with MCA. Approval mail shall be sent to the e-mail ID of the applicant and the user who has filed the eForm.
Important Points to fill the eForm DIR-3 KYC
Important field (of the form) that required detailed instructions to fill the eform are tabulated below. Self-explanatory fields are not discussed.
S.No. and Section Name (according to Form DIR-3 KYC)
Director Identification Number (DIN)
Should be an ‘Approved’ DIN.
Explanation: If the form is not filed on or before 31st August, 2018 the DIN will be deactivated.
Which means that if company is required to file some urgent document after 31st, August, 2018 Extended till Sept 15, 2018 then it will only be possible after reactivation and filing of specific fees (currently 5,000 mentioned in form).
Further, if the filing is not made on due time due to deactivation of DIN, then as per notification of MCA dated 7th May, 2018 if MGT-7 and AOC-4 are not filed on due date, additional fees @Rs. 100 per day shall become payable.
2 & 3
Name and Father’s Name
Name should be entered as per PAN database since the same shall be verified with the PAN database.
14 & 15
Personal Mobile Number, Personal E-mail ID
This is the main purpose of the form because sometimes only one number and mail ID or number and mail id of practising professional are used for all directors of the company.
So the individual need to enter personal mobile number and email-ID.
After successful Pre-scrutiny of the form “Send OTP” tab will be enabled and separate OTP is sent to both number and email ID.
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