Common Questions - DIR-3 KYC - 11 Questions


FAQ’S DIR-3 KYC
As dir 3 KYC introduced by MCA on 14.07.2018. There are some common question mark of professionals and individuals in respect of such form. We endeavor to discuss such question marks in this editorial.

   A.   If a person not having Directorship in any company, however holding DIN. Whether such person required to file e-form DIR- 3 KYC.

As per Rules, every person holding DIN have to file e-form DIR-3 KYC, irrespective whether such person having directorship in any company or not.

Therefore, we can opine that directorship is not any base for filing of DIR-3 KYC; Base for the same is DIN. If person having DIN its mandatory to file DIR-3 KYC.

   B.    If a person is designated partner in LLP, whether such person is required to file DIR-3 KYC?

As we discussed in above question, that DIR-3 KYC is DIN based.
Therefore, if a person is designated partner in LLP such person must have DIN. As such person having DIN it is mandatory for him/ her to file DIR- 3 KYC.

   C.   If a professional CA/CS/CWA having DIN. Whether he himself can affix his Digital Signature in the capacity of DIN holder as well Professional?

As per e-form DIR-3 KYC professional have to certify the following things:
·         I declare that I have been duly engaged for the purpose of certification/verification of this form.
·         I have satisfied myself about the identity of the applicant
Practically, a person can’t work in 2 capacities simultaneously and a person can’t engage himself for verification of his details and documents. Therefore, one can opine that form DIR 3 KYC should be digitally signed by 2 different persons. 

   D.   What are the mandatory attachments for DIR-3 KYC (for person other than foreign national)?

·         Copy of PAN Card, if any
·         Permanent Resident Address-                                                                            Aadhar Card
·         Present Resident Address (If same as Permanent address):         Aadhar Card
·         Present Resident Address (If different from Permanent):              Utility Bill (Mobile Bill, Electricity Bill any other document in proof of same)

   E.    Attachment in the Form in Particular Column?

·         Proof of Permanent Resident Address-                                                        Aadhar Card
·         Copy of Aadhar Card-                                                                                                               Aadhar Card

     F.      Whether Passport is mandatory for DIR-3 KYC?

Passport is mandatory for the Foreign National Person.
However, if an Indian person having passport in such case it is mandatory to mention passport No. (As the column no. 11 is star marked and confirming whether such person having passport or not). If such person not having passport then not required.

      G.     When OTP shall be generate on mobile and email?

OTP shall be generate after prescrutinize of the form. (in other word OTP shall be generate at the end after affixation of DSC, prescrutinize etc)

   H.   Whether mobile no. of foreign person is mandatoyr, or whether OTP will be generated on foreign contact no.?

As per form it is mandaotry to mention personal contact no. of person. Therefore, in case of foreign Director his personal contanct no. is mandatory to mention.
Second, In case of foreign mobile no. OTP shall be generate and is mandatory to mention in the form.

    I.    Whether a person can mention his official email id instead of personal email id?

In form 3-4 places it is mentioned that person email id of person required to be mention. However, a person can be dfirector upto 20 companies and form is required to file only for DIN one time in a year.
Therefore, one can opine that such individual have to mention his personal email ID instead of official emai id.

    J.   Whether ID proof of foreing persona are required to be appostile or notarized?

However it is no where mentioned in the form or rules. But as per the past practice one can opine that ID proofs of foreign DIN holders are required to be appostile and notarized as per their country law and treaty of India with them.

   K.   Whether ID proof of DIN holder is requried to be attested by the professional certifying the form?

As per verification of collumn professional have to mention that “I have verified and attested the documents of the applicant based on the Originals documents produced before me.” here “Attested” means attestation of documents attached in the form.


Therefore, one can opine that documetns i.e. ID proofs attached in the form should be attested by the professional certifying the e-form DIR-3 KYC.

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION 

Comments

  1. Sir if a din holder is having a valid passport but the address in the passport is different from the aadhar then is it mandatory to choose yes in case of valid passport or we can choose no also ? And can dir-3kyc without giving passport information

    ReplyDelete
  2. What if the director is an indian citizen from Sikkim where PAN is not applicable

    ReplyDelete
  3. Mr. Divesh,

    Please inform if my understanding is correct. Going further this shall become a part of yearly compliance for all the Directors who have a DIN. To file a Form DIR - 3 - KYC before 30th April of every year.

    Rule 12A is as below:

    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.

    ReplyDelete
  4. Hi,

    What should be documents once should collect for permanent and present address proof from Foreign Director who is a resident in India.

    ReplyDelete
  5. This pilot project of enrolment and biometric process will end by July this year and the first set of AADHAR numbers will start by February next year as per the plan from the authority. uidai An acknowledgement card will be generated after the submission of details.

    ReplyDelete

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