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
Great Work,
ReplyDeleteVery 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?
ReplyDeleteyes in such case first file DIR-6 then DIR 3 KYC
ReplyDeleteVery good article
ReplyDeleteWhat about Aadhar No. for Foreign Directors? Can you please guide on this aspect?
ReplyDeletejust mention passport no.
DeleteNice article Divesh.
ReplyDeleteProof of Address should be as per the requirements of DIR-3?
ReplyDeleteyes
DeleteRequirement of engagement letter is necessary?
ReplyDeleteWho is the attesting authority in case of foreign nationals?
ReplyDeleteembassy of the country the director is citizen of
DeleteVERY HELPFUL, sharing your knowledge, helping at greater extent.
ReplyDeleteThanks 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?
ReplyDeletewhat 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
ReplyDeleteWhat a neat and precise article. The use of words is commendable.Exam preparation
ReplyDeleteGreat share!
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