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DIR-3 KYC: MANDATORY COMPLIANCE FOR DIN HOLDERS

MCA (Ministry of Corporate Affairs) issued the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 and The Companies (Registration Offices and Fees) Fourth Amendment Rules, 2019 on 25th July 2019 on "DIR-3 KYC".

As per the notification issued on 25th July 2019

a. E- Form DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the DIN holder who has already filed his KYC once in e-form DIR-3 KYC but wants to update his details.

b. Web service DIR-3-KYC-WEB is to be used by the DIN holder who has submitted DIR-3 KYC e-form in the previous financial year and no update is required in his details.

c. Due date for filing the KYC form is 30th September of every year.

d. Update on Filing the Form: Per day you can only do 10 Web- KYC from one login. Either wait for next day or use another Login.

All about DIR-3 KYC and FAQs

ABOUT WEB BASED DIR-3 KYC

Filed by the DIN Holder

  • Who has submitted DIR-3 KYC e-form in the previous financial year and
  • No update is required in his details.

HOW TO FILE

  • Go to mca.gov.in
  • LOG IN TO YOUR MCA ACCOUNT
  • CLICK ON MCA SERVICES TAB
  • NAVIGATE TO - DIN SERVICES - *DIR 3 KYC WEB*
  • Enter DIN NO. AND SUBMIT
  • GENERATE OTP's for EMAIL ID & MOBILE NO.
  • ENTER THE OTP'S IN THE RESPECTIVE FIELDS
  • CONFIRM THE DETAILS OF PERSON APPEARING ON SCREEN
  • CLICK SUBMIT
  • GENERATE A ZERO RUPEE CHALLAN
  • CHECK SRN STATUS FOR CONFIRMING THE KYC VERIFICATION.

ABOUT E- FORM DIR-3 KYC

FILED BY AN INDIVIDUAL

  1. Who holds DIN and
  2. Filing his KYC details for the first time or
  3. By the DIN holder who has already filed his KYC once in e-form DIR-3 KYC but wants to update his details.

WHO NEEDS TO FILE DIR-3 KYC?

  • Every Director having DIN or who has been allotted DIN and whose DIN is in ‘Approved’ status.
  • Directors having disqualified DIN, also have to comply with the aforesaid requirement.

For Financial year 2019-20 onwards - Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th April of the immediately next financial year.

  • Fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service under Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014:
  • As provided in Companies (Registration Offices and Fees) Rules, 2014.
 

i) Fee payable till the 30th September of every ---- financial year in respect of e-form DIR-3 KYC as at the 31st March of immediate previous year.

No fee

ii) Fee payable (in delayed case).

Rs.5000

Form DIR-3 KYC, if filed within the due date of the respective financial year, no fee is payable. However, if filed after the due date, for DIN status ‘Deactivated due to non-filing of DIR-3 KYC’ a fee of Rs.5000 (Rupees Five Thousand Only) shall be payable.

DOCUMENTS REQUIRED TO FILE DIR-3 KYC

  • Self attested copy of PAN - Mandatory
  • Self attested copy of AADHAAR ,
  • Self attested copy of Passport
  • Self attested copy of Driver’s License (if you have)
  • Mobile Number (linked with Aadhaar)
  • Email ID (Personal)
  • Statement, Electricity bill/ Mobile/Telephone bill - if you have
  • Digital Signature Certificate (DSC) is mandatory

CONSEQUENCES OF NON-FILING OF DIR-3 KYC

  • If a DIN Holder failed to file DIR 3 KYC on due date the he /she will have to pay Rs. 5,000 as filing fee as penalty.
  • In addition to the above penalty, any wrong information provided in the form will also be liable for penalty under Section 448 and 449 of the Companies Act, 2013 and relevant provisions of the Indian Penal Code 1860.
  • Further, a deactivated DIN means a person cannot act as a Director while his DIN is deactivated and any act done by him/her will be invalid and which might attract various penalties under Companies Act, 2013.

Important Questions on Filing of DIR-3 KYC

1. Whether multiple filing of form DIR-3 KYC is allowed?

System will not allow multiple filing of form DIR-3 KYC for an applicant. In case KYC is already filed for a DIN, and such DIN is entered again, system throws an error that the form is already filed.

 

2. Whether non-resident directors can provide Indian mobile numbers?

In case the DIN holder is a resident of India, the address must be an address in India and mobile number must be an Indian mobile number. In case DIN holder is non-resident, foreign address and foreign number shall only be allowed.

3. In case of having multiple DINs and have not filed DIR-3 KYC for any of the DINs. and wants to surrender the DIN but while Filling the form DIR-3 KYC, the DIN is not getting prefilled?

In case you have multiple DINs then you need to retain the oldest DIN and surrender all the latest DINs by filing DIR -5 e-form.

Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.

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