FAQ'S DIR 3 KYC

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DIRECTOR KYC
SHORT SUMMARY:
As per the statement given this month by MCA Secretary Sh. InjetiSrinivas, MCA has formally announced the Annual KYC Drive through the e-form DIR-3KYC.

As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through a new e-form viz. DIR-3 KYC to be notified and deployed shortly.
MCA has notified Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018. These Rules shall came into effect from 10th July, 2018.

A.     Who have to File DIR-3 KYC?
Every Director who has been allotted DIN as on or before 31st March of a financial year submits e-form DIR-3KYC with Central Government.

B.     What is due date of DIR-3 KYC?
Due date of filing of DIR-3 KYC is 30th April of Immediate Financial Year.

C.      What is due date of DIR-3 KYC for the F.Y. ended 31.03.2018?
Due date of filing of DIR-3 KYC is on or before 31ST August, 2018.

D.     Mandatory Information DIR-3 KYC?
·         Unique Personal Mobile Number
·         Personal Email ID.
·         OTP on Email ID and Mobile No.

E.      Certification of DIR-3 KYC?
·         DSC of Director
·         DSC of practicing professional (CA/CS/CMA)
·          
F.      Whether Disqualified Directors required filing DIR-3 KYC?
Yes, Filing of DIR-3 KYC would be mandatory for Disqualified Directors also.

G.     Effect of director fails to file DIR-3 KYC?
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 reasons as ‘Non-filing of DIR-3 KYC’

If any director fails to file e-form DIR-3 KYC any financial year on or before 30th April, 2018 then

H.    Consequences of filing of DIR-3 KYC AFTER DUE DATE?
After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee of Rs. 5,000/- only, without prejudice to any other action that may be taken

I.       If a person not holding Directorship anywhere for whole year or years. Whether such person required to file DIR-3 KYC every financial year?
Yes even a person is not holding directorship in any Company, such person also required to file DIR-3 KYC every financial year on or before 30th April.

J.        Whether it is mandatory for a person to have DSC to file DIR-3 KYC?
Yes It is mandatory to affix DSC of Director on his e-form DIR-3 KYC.

K.     Who have to File DIR-3 KYC?
Every Director who has been allotted DIN as on before 31st March of a financial year submits e-form DIR-3 KYC with Central Government.

L.      Whether email ID/Mobile No. of any other person can be mentioned in DIR-3 KYC?
e-form DIR-3 KYC specifically mentioned about Personal Mobile and Personal Email ID. Therefore, one can opine that Director have to use their own personal Mobile No and Email ID. Otherwise it shall be default under Rule 12.

Even one place in form mentioned i.e. “Mobile No. and email ID shall be of the Director himself only”

NOTE:
ü  In case of Indian National, Passport is not mandatory.
ü  In case of Foreign National, Passport is mandatory

MOST IMPORTANT-FOR-PROFESSIONAL:

1.      Professional has to give declaration that he/she are engaged for Certification/ verification of this form.”
Following should be course of action for the professional if he certified the e-form DIR-3 KYC.
ü  Obtain Engagement Letter from the Director
ü  Mention all the details mentioned in DIR-3 KYC in the Engagement Letter
ü  Confirm that the Mobile No. and Email ID belongs to Director only
ü  Keep copy of attachments and form in his record.



            



Comments

  1. UnknownJuly 30, 2018 at 10:20 PM

    This is in respect to updation of DIN 3 KYC on MCA Portal.

    Please suggest what steps a company should take if a Director will not update or not willing to update KYC on MCA Portal till 31st August, subsequent to which his/her DIN become de-activated.

    As the Annual Filing period is not far, the company has to perform various compliance involving all the directors of the Company.

    Looking forward for a solution.

    ReplyDelete
  2. UnknownAugust 3, 2018 at 5:44 AM

    If the Director is a Foreign National but of Indian Origin and has OCI and is in on visit during 1-08-2018 to 31-08-2018, wehether he can submit the Passport , Address proof and PAN and OCI copies attested by an Indian Notary along with the proof of his presence in India ( Stamp of Immigration authority on the Passport and Flight Ticket)? Under Rule 13(5)(d) of the Cos (Incorporation) Rules, 2014 it is permissible for incorporation. Please offer your views.

    ReplyDelete
  3. UnknownSeptember 10, 2018 at 12:09 AM

    how can I ractify my submitted form , as I attach a wrong attachment of adhar card and upload it .now what can I do ?

    ReplyDelete
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