Ministry of Corporate Affairs has issued clarification on Filing of DIR-3-KYC annually by DIN holders. It is evident from filing of DIR-3-KYC for financial year 2019-20 that DIR-3-KYC is not required to be filed every year as DIR-3 KYC available on MCA website is not taking DIN of Directors who has already filed DIR-3 KYC but by the clarification issued by MCA on 13.04.2019 it is clear that DIR-3 KYC is required to be file every year. But before reading the clarification issued by MCA, first understand who is required to file DIR-3-KYC.
WHO IS REQUIRED TO FILE DIR-3-KYC?
For the Financial Year 2018-19- Any person who has been allotted "Director Identification Number(DIN/DPIN) on or before 31st March 2018 and the status of DIN is "Approved' needs to file DIR-3-KYC to update KYC details in the system on or before 05th October 2018.
For the Financial Year 2019-20 onwards- Every director who has been allotted DIN or or before the end of Financial Year and whose DIN Status is 'Approved' would be mandatorily required to be filed Form DIR-3-KYC before 30th April of the immediate next financial year.
CLARIFICATION BY MCA ON 13.04.2019
As per rule 12A of the Companies (Appointment and Qualification of Directors) Rules 2014, '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 5th October,2018.”
However, the DIR-3 KYC e-form presently available on the portal does not cater for the following:
(i) Filing on annual basis, and
(ii) Filing in respect of DINs allotted post 31 March 2018.
It presently caters only to those individuals who were allotted DINs as on 31st March 2018 and whose DINs have been marked as ‘Deactivated due to non-filing of DIR-3 KYC’.
Stakeholders may please note that DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.
With the objective of making the form more user friendly, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner.
The revised form, which will be shortly deployed, can be filed without any fee within a period of 30 days from the date of deployment.
Accordingly, DIN holders who had filed DIR-3 KYC form earlier and complied with the said provisions may kindly await the deployment of the modified form for fulfilling their compliance requirements.
Link of MCA clarification-
http://www.mca.gov.in/Ministry/pdf/DIR3KYCcompleteMessage_13042019.pdf
The author can also be reached at Shailja.tiwari16@gmail.com
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