DIR - 3 KYC

DIR-3 KYC - UPDATE KYC OF DIRECTORS ANNUALLY

This form will be used to update KYC of all directors as per Rule 12A every year.

AS inserted by  Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 applicable w.e.f. 10th July 2018

{ "(ii) after rule12, the following shall be inserted, namely:-

“12A Directors KYC:- 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.”; " }

APPLICABILITY:

Every Director who has been allotted DIN on or before 31st March, 2018, would be mandatorily required to file form DIR-3 KYC on or before 31st August, 2018, and from next year onwards, on or before 30th April of immediate next financial year.

Filing of DIR-3 KYC would be mandatory for Disqualified Directors also. 

NOTIFIED UNDER RULE 12A:

MCA notifies format of e-form DIR-3 KYC under new Rule 12A (Directors KYC), applicable w.e.f. 10 July, 2018.

OTP VALIDATIONS: (UNIQUE EMAIL AND MOBILE MANDATORY)

While filing the form,the Unique Personal Mobile Number and Personal Email ID would have to be mandatorily indicated and would be duly verified by One Time Password (OTP).

DSC REQUIREMENTS: (BOTH DIRECTOR AND PROFESSIONAL)

The form should be filed by every Director using his own DSC and should be duly certified by a practicing professional (CA/CS/CMA).

DEPARTMENT FEES TO FILE FORM: (RS. NIL / RS. 5000)

As inserted by the Companies (Registration Offices and Fees) Third Amendment Rules, 2018.

No fee shall be chargeable till the 31st August, 2018 and fee of Rs.5000 shall be payable on or after the 1st September, 2018

After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a late fee/ penalty of Rs. 5000/-.

IF NOT FILED THEN WHAT: (DIN DEACTIVATED)

AS inserted by  Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 applicable w.e.f. 10th July 2018

"(i) The rule 11 shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted, namely:-

“(2) The Central Government or Regional Director (Northern Region), or any officer authorised 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:

(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."

After expiry of the due date by which the KYC form is to be filed, the MCA21 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’. And further that de-activated DIN shall be re-activated only after filling e-form DIR-3-KYC along with fee as prescribed. (Rs. 5,000/- - As inserted by the Companies (Registration Offices and Fees) Third Amendment Rules, 2018.)


Complied by: CA SUNIL GOEL
Author can be reached at: slgoelassociates@gmail.com / +91-7289008975
www.casunilgoel.com