Need of the e-form
As you are aware that Registrar of Companies across the India struck off inactive rather non-compliant Companies and disqualified Directors associated with that Companies. Directors associated with these Companies filled several writ petition before various high courts on the ground that opportunity of being heard is not provided to them before taking any action against them.
ROC issued notices to Companies concerned but not informed directors associated with them because ROC doesn't have any database of individual directors. So, as a part of creating database of directors consisting mobile number, email Id and residential address of Directors, MCA issued a new form which is required to be filled every year by every DIN holder.
What is DIR-3 KYC?
DIR-3 KYC is the annual form required to be filled with the ROC by every Director Identification Number (DIN) holders regardless he is appointed as a director or not, whether he is qualified or disqualified.
LAWS GOVERNING PROVISIONS
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.
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 (ROC) 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."
CONSEQUANCES OF NO-FILING
Rule 11(2)
The Central Government or or any officer authorized by the Central Government 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.
DIR- 3 KYC after Due date - permissible? Yes If you want to spent Rs. 5,000/-.
Rule 11(3)
The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with Rs. 5,000/- additional fees.
GUIDE TO FILE YOUR KYC
- Enter Name of Director as per PAN database
- Enter Father' Name (Married woman must also mention her father's name)
- Enter Nationality, Date of Birth, Income Tax PAN
- Select whether do you have a Passport? If Yes, enter passport number and attach copy of passport
- Enter Aadhar Number and attach copy of Aadhaar card
- Enter Personal Mobile No and Email Id
- Enter Permanent residential address and present residential address
Compulsory Attachments:
- Proof of Permanent residential address - Aadhaar Can be used
- Copy of Aadhaar Card
- Copy of Passport - If Having
- Proof of Present residential address - If different from permanent address
The above attachments must be self-certified by concerned DIN holder and also attested by professionals' along with his signature and membership number.
After affixing DSC of Concerned Director and Practicing Professional (CS/CA/CWA), Pre-scrutinize the form, and then click on 'Send OTP' button. Please note that OTP can be successfully sent to the mobile number and email ID against one form, for a maximum of 10 times in one day and twice in a span of 30 minutes. Once, OTP received on both mobile number and email id, enter the both OTPs and click on verify OTP button. After verification, file the form and save the acknowledgement.
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