Director’s KYC in DIR-3

  • With
    a view to update its registry, Ministry of Corporate Affairs (MCA) will be
    conducting Know Your Customer (KYC) of all Directors of all companies (including
    Section 8 companies) annually through e-form DIR-3.
  • If
    you are a Director on the Board of a Company, including a not-for-profit
    company registered under section 8 of the Indian Companies Act 2013 (earlier
    Section 25 of the Indian Companies Act 1956) you are required to complete your
    Director’s KYC before 31st August, 2018 or face penalty of INR 5,000/-

Who should comply?
Every
Director who has been allotted DIN on or before 31st March, 2018 and
whose DIN is in ‘Approved’ status would be compulsorily required to file form
DIR-3 KYC on or before 31st August, 2018.
Provisions of the law
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 as
amended by Companies (Appointment and Qualification of Directors) fourth
Amendment Rules, 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
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 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 as amended by Companies (Registration Offices and
Fees) Third Amendment Rules, 2018.
What is required for filing e-form
DIR-3-KYC?
1.
Valid Mobile No. and email address for OTP verification
2.
Digital Signature (DSC) of Director
3.
Self-attested PAN card;
4.
Self-attested Aadhar card with updated Mobile number with UIDAI;
5.
Self-attested Passport or other valid address proof
Please note:
1.
Filing of DIR-3 KYC would be mandatory for Disqualified Directors as well.
2.
After expiry of the due date by which the KYC form is to be filed, the MCA-21
system will mark all approved DINs (allotted on or before 31st March
2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with
reason as ‘Non-filing of DIR-3 KYC’.
3.
The form should be filed by every Director using his own DSC and should be duly
certified by a practicing professional (CA/CS/CMA).
4.
No fee shall be chargeable till the 31st August, 2018.
5.
After the due date filing of DIR-3 KYC in respect of such deactivated DINs
shall be allowed only upon payment of a late fee/ penalty of Rs. 5000/-.

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