Reference for Professional- DIR-3 KYC


Reference for Professional-
DIR-3 KYC
                                                     Companies Act EK, Amendment Anek

SHORT SUMMARY:

MCA has come with new Concept of KYC of Directors. We have already shared the FAQ’s on KYC of Director.

In this editorial the author shall make an effort to discuss the key check points for professionals while preparing, verifying and certifying the e-form DIR-3 KYC. As its is mentioned in the form that it should be certified by the professionals like:
       ·         Practicing Company Secretary
       ·         Practicing Chartered Accountant
       ·         Practicing Cost Accountant
While certifying the forms professional have to certify the many information’s and documents. Like:

Certification
I declare that I have been duly engaged for the purpose of certification/verification of this form. It is hereby certified that:
     ·         I have satisfied myself about the identity of the applicant and his address based in the   perusal of the original of the attached document,
   
    Note: in case where the applicant is residing outside India the particular have to be verified from the documents duly attested by the attesting authority as prescribed
      ·         All required attachments have been completely attached to this application.
     ·         I have gone through the provision of The Companies Act, 2013 and rules thereunder for the subject matter of the this form and matters incidental thereto and I have verified the above particulars (Including attachment (s)) from the original records maintained by the Company/applicant which is subject matter to this form and found them to be true, correct and complete and no information material to this form has been suppressed.

      ·             I further certify that:
o   Mobile no. and Email ID belong to the applicant/director signing the form.
o   All the required attachments have been completely and legibly attached to this form.
o   I have kept the copy of this form and attachments thereto, in my records for the further reference.
o   It is understood that I shall be liable for the action under section 448 of The Companies Act, 2013 for wrong certification, if found at my stage.

Now the Most Important Questions:
                   I.        What are the information/ documents required to fill e-form?
                 II.        How to verify such information?
          III.     Are we engaged to certify the form if not, what should be the language of engagement letter?

     A.     What are the information/ documents required to fill eform?
1.     Name and Father Name of Director
2.    Date of Birth
3.    Nationality
4.    PAN No.
5.    Passport No, if any
6.    Aadhar No.
7.    Personal Mobile No.
8.    Personal Email ID
9.    Present Resident Address with proof
10.  Permanent resident address with proof

      B.      How to verify the Information’s?
a.    Information (1-3) mentioned above can be verify from the PAN
b.    Information (4-6) mentioned above from their respective documents
c.    Personal Mobile No. (utility bill, SMS verification etc)
d.    Personal email ID – we can verify the same by sending mail and get confirmation from the Individual
e.    Present resident address (Utility Bill)
f.     Permanent resident address (utility bill or id proof)

Most important: Along with above mentioned documents, professionals can take a representation letter from the Individual in respect of the same.

 Note:
As per certification column of form (mentioned above also)- following are the important points for concerned:
      ·         Mobile no. and Email ID belong to the applicant/director signing the form.
      ·         I have verified the above particulars (Including attachment (s)) from the original records maintained by the applicant
      ·         I have satisfied myself about the identity of the applicant and his address
      ·         *** I declare that I have been duly engaged for the purpose of certification/verification of this form 
      
     C.      Are we engaged to certify the form if not, what should be the language of engagement letter?
Format of Engagement Letter:
To,                                                                                                        Date:

(Name of Professional)
(Firm Name)
Practicing Company Secretary,
COP No.
Address:

Subject: Engagement for certification e-forms DIR-3 KYC and my representations for verification of information mentioned in the form.

Ref:            DIN -

Dear Sir,

This representation letter is provided in connection with your certification/ verification of e-form DIR-3 KYC under provisions of C0mpanies Act, 2013.

With reference to various provisions of the Companies Act, 2013 read with relevant rules and any other applicable laws, I herby engage you for certification of e-form DIR-3 KYC and verification of details mentioned in the form:

Further, please find blow my information/ document required by your godself to verify details mentioned in e-form DIR-3 KYC:

1.      Self Attested copy of PAN
2.      Self attested copy of Passport
3.      Self attested copy of Aadhar
4.      Mobile No.
5.      Email ID


I further confirm that email id & mobile no. are my personal.

All required documents in original produces for your necessary verification & attestation.
___________________
(Name of Person)
DIN:
Add:


(Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

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. Very helpful article for professional. I have One question as per rule 12 of the Companies (Appointment and Qualification of Directors) Rules, 2014, if any changes in the details of DIN allotted than for DIR-6 is required to be filed. Now if we find that the details submitted for e- form DIR-3 KYC is not as per DIN and there are changes, id it necessary to first file DIR-6 for changes in details and than to file form DIR-3 KYC?

    ReplyDelete
  2. yes in such case first file DIR-6 then DIR 3 KYC

    ReplyDelete
  3. What about Aadhar No. for Foreign Directors? Can you please guide on this aspect?

    ReplyDelete
  4. Proof of Address should be as per the requirements of DIR-3?

    ReplyDelete
  5. Requirement of engagement letter is necessary?

    ReplyDelete
  6. Who is the attesting authority in case of foreign nationals?

    ReplyDelete
    Replies
    1. embassy of the country the director is citizen of

      Delete
  7. VERY HELPFUL, sharing your knowledge, helping at greater extent.

    ReplyDelete
  8. Thanks for sharing the details. My question is, whether the Utility Bill of the Present Residential address needs to be in the name of DIN no holder? what if they are staying in a rented flat?

    ReplyDelete
  9. what could be done in case address in din different from documents provided as residence proof. change in name. is it possible that KYC form filled with updated information irrespective of data already mentioned in DIN Kindly advice

    ReplyDelete
  10. What a neat and precise article. The use of words is commendable.Exam preparation

    ReplyDelete

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