As part of updating its registry, MCA would be conducting KYC of all Directors of companies annually through a new e-form viz. DIR-3 KYC as per new The Companies (Appointment and Qualification of Directors) Rules, 2014.
Today, E-form DIR-3 KYC now is on Portal of Ministry of Corporate Affairs(MCA).
New The Companies (Appointment and Qualification of Directors) Rules, 2014 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.
According to rule 12A. following persons have to fill the e-form DIR-3 KYC:-
- Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year. Due date of filing e-form DIR-3 KYC On or before 30th April of immediate next Financial Year.
- Every individual who has already been allotted a DIN as at 31st March, 2018 and whose DIN status is ‘Approved’. Due date of filing e-form DIR-3 KYC for them is On or before 31st August, 2018.
- Form shall be verified by MOBILE OTP and E-MAIL OTP.
- The form should be filed by every Director using his own DSC and should be duly certified by a practicing professional.
- NO GOVT. FEE, if KYC filed before 31st August by applicant who has been allotted DIN on or before 31st March, 2018
- INR 5000/- Govt. fees shall be applicable,if KYC filed after 31st August by applicant.
- Filing of DIR-3 KYC would be mandatory for Disqualified Directors also.
- e-Form DIR – 3 KYC, need to file based on DIRECTOR IDENTIFICATION NUMBER (DIN), so even though, if any Director holding multiple Directorship in Company, then also they need to File e-Form DIR – 3 KYC, only once according to their DIN.
Consequences of Non-filing of DIR-3 KYC:-
- Every Individual “Director Identification Number” (DIN) will be marked as deactivated, who does not intimate his/her particulars in e-form DIR-3-KYC within stipulated time.
- The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee of Rs. 5000/- as prescribed under Companies (Registration Offices and Fees) Rules, 2014
We, are working as a Corporate Consultancy Firm having office at P 6/90 Connaught Place, New Delhi-110001 offers you our Services related to filing of e-form DIR-3 KYC.
- Digital Signature provide, as the form is filed by private DSC of Director.
- Collection of Documents
- Assist you for filing of e-form DIR-3 KYC.
Documents Required (In case of Indian Director):
- Self-attested PAN Card of Director
- Self-Attested Aadhar Card of Director
- Self-Attested Passport of Director, if allotted
- Private Mobile Number (FOR OTP Verification)
- Private Email ID (FOR OTP Verification)
- Digital Signature
Documents Required (In case of Foreign Director):
- Self-certified Passport of Director (Apostille and Notarized)
- Self-attested Residential Proof (Apostille and Notarized)
- Personal Mobile Number
- Personal E-mail ID
- Digital Signature
Important Check Points while Filling Form DIR-3-KYC: -
- Unique Personal Mobile Number
- Personal Email ID.
- Duly Verified by OTP on Email ID and Mobile No.
- The e-Form should be required to be certified by:
- Practicing Company Secretary
- Practicing Chartered Accountant
- Practicing Cost Accountant
Following points kept to be mind for filing the form of DIR-3KYC:-
1) OTP will be valid for 15 minutes
2) Foreign citizens – passport is ma0ndatory, and attachment also mandatory, permanent address should be abroad;
3) aadhar mandatory for Indian citizens,
4) Not required to attach PAN for Indian citizens
5) Personal Mobile no. and e-mail id should not be linked to any other director or certifying professional
6) personal e-mail id should not be official e-mail id – it should be personal like gmail, yahoo etc.
7) foreign citizens – mobile no. should be foreign
8) foreign citizens but resident in India – mobile no. can be Indian
9) Foreign DSCs not allowed, only Indian DSCs.
10) attestation of documents by practicing professional – mandatory
11) in case of change in address from the DIN records, first file form DIR-6 and then file form DIR-3-KYC
12) passport not mandatory for Indian citizens, but if you mention Yes to do you have your passport, then mandatory to give details and attach passport.
13) attestation rules to be followed as specified in the companies (incorporation) rules
14) Driving license and EC Id – not mandatory, but if you specify the details, then you have to attach the documents.
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